Loading...
HomeMy WebLinkAboutAnalysisREPORT OF FINAL RECOMMENDATIONS EAR -BASED MODIFICATIONS TO AMEND THE TRANSPORTATION ELEMENT OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (NOVEMBER 2016 CYCLE) FOR THE CITY OF MIAMI, FLORIDA DECEMBER 2017 Francis Suarez Mayor MIAMI, FLORIDA CITY COMMISSIONERS Keon Hardemon Chairman Ken Russell Vice Chairman Wifredo Gort District 1 Manolo Reyes District 4 Victoria Mendez City Attorney Frank Carollo District 3 Todd Hannon City Clerk CITY OF MIAMI PLANNING, ZONING AND APPEALS BOARD Charles Garavaglia, Chairman Maria B. Gutierrez Chris Collins Juvenal Pina Daniel A. Milian, Vice Chairman Anthony Parrish Adam J. Gersten Manuel Vadillo Andres Althabe Melody Torrens Aaron Zeigler 2 Contents INTRODUCTION 4 THE MCNP: BACKGROUND 4 EAR -BASED AMENDMENTS: THE LOCAL PROCESS 4 THE EAR PROCESS AND THE TRANSPORTATION ELEMENT 5 THE REVISIONS 5 EAR -AMENDMENT PROCESS: STEP-BY-STEP 6 FINAL RECOMMENDATIONS ON ADOPTION 2016 EVALUATION AND APPRAISAL REPORT (EAR) BASED MODIFICATIONS TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP) 8 CHANGES TO THE TRANSPORTATION ELEMENT SINCE FIRST READING 9 AMENDMENT 1: COMMENT 1 TRANSPORTATION LEVEL OF SERVICE DEFICIENCIES 9 AMENDMENT 2: LEVEL OF SERVICE STANDARDS FOR SIS FACILITIES 10 AMENDMENT 3: AMENDMENTS TO THE TRANSPORTATION ELEMENT FOR STYLE, AND LOCAL REQUIREMENTS 11 ADMINISTERING THE REVISED MCNP AFTER ADOPTION 14 3 INTRODUCTION This report presents the final recommendations of the Planning Department relating to the Evaluation and Appraisal Review (EAR) for the Transportation Element of the Miami Neighborhood Comprehensive Plan (MCNP). The Planning Department recommends the adoption of these amendments to the Transportation Element for final transmittal to the Department of Economic Opportunity (DEO) for the November 2016 cycle. The MCNP: Background The MCNP was adopted on February 9, 1989 by Ordinance 10544 in accordance with Florida Statute 163. This document is the guide for the future of the City's development and ensures that public facilities, such as schools, parks, and roads have capacity for development. On November 13, 2008, the City adopted amendments based on the recommendations contained in the Evaluation and Appraisal Report of 2005, except for the Port of Miami River Sub Element, which was later adopted in July of 2010 by a Stipulated Settlement Agreement. As of June 2, 2011, local governments were no longer required to submit Evaluation and Appraisal Reports to the State of Florida's Department of Community Affairs, now renamed the Department of Economic Opportunity (DEO). Under new guidelines established in 2011 and thereafter, at least every seven years, on or before November 1, 2015, the City was required to notify by letter to DEO, whether the need existed to amend its comprehensive plan —the MCNP pursuant to Florida Statutes. At a minimum, such amendments must be made to address changes in state requirements and changes in local conditions since the last EAR in 2005. The City sent a letter to DEO notifying it of the need to make changes (Attachment A) on November 1, 2015. Having done this, the City was required to submit proposed amendments to DEO no later than November 1, 2016. The City proceeded to conduct public outreach, a summary on these meetings can be found in Attachment B. Based on public feedback and changes to state statutes, City staff drafted modified policies to the MCNP. EAR -Based Amendments: The Local Process The EAR -based modifications for the Transportation Element were presented at a publicly noticed workshop along with EAR -based modifications to the other 13 elements of the MCNP at a hearing before the Planning Zoning and Appeals Board (PZAB) on September 7, 2016. At this hearing, the PZAB voted to recommend approval of the adoption of all amendments to the MCNP by a vote of 9-1. The modifications were presented to City Commission at a publicly noticed hearing on October 27, 2016. The City Commission adopted the modifications and supported transmittal of those modifications to DEO on first reading by a vote of 5-0. By letter dated January 12, 2017, the DEO issued its Objections, Recommendations and Comments (ORC) report addressing the EAR -based modifications to the MCNP (see Attachment C). The ORC report includes two objections requiring data and analysis. Based on the requirements for data and analysis needed to respond to the DEO's objections, the Planning 4 Department has determined that extra time is necessary to modify the MCNP. For this reason, the City has notified the DEO of the need for additional time —each notification has been acknowledged in conformance of Section 163.3184(4), Florida Statute (see Exhibit C of the legislation). The EAR Process and the Transportation Element Comments and Recommendations from the ORC report relative to the Transportation Element have been sufficiently addressed and incorporated into the MCNP. In fact, in the ORC report, none of the objections were related to the Transportation Element; only one comment and one recommendation. For this reason, the decision was made to bifurcate the adoption of the EAR -based amendments to the MCNP so that the EAR -amended Transportation Element can be adopted at this time. This report contains final recommendations to the EAR -based modifications to amend the Transportation Element and any changes that may tie to other Elements. This report is organized in the following way: - Each amendment is numbered with a narrative description of DEO's comments - The recommended changes to comments from DEO and other commenting agencies (e.g. Florida Department of Transportation) - Recommended changes is presented with strikes and underlines. Single strikes and underlines represent changes presented at first reading and double strikes and double underlines represent changes newly presented for second reading. The Revisions Through the EAR process, the Planning Department is recommending a complete revision of the Transportation Element. The complete revision was presented to City Commission at first reading on October 27, 2016 as part of the overall EAR -amended MCNP. These revisions were transmitted to DEO for review in November 2016. The changes made to the Transportation Element at this time were based on updates to Florida Statutes and changes recommended by review of data and analysis (the data and analysis is contained in Exhibit B of the legislation). The statutory changes that have driven these changes are listed in Attachment D of this report. A total of five elements outside the Transportation Element have modifications as a result of changes to the Transportation Element: (1) Future Land Use Element; (2) Housing Element; (3) Parks Element; (4) Capital Improvements Element; and (5) Intergovernmental Coordination Element. These changes are necessary to prevent internal inconsistencies within the MCNP. A summary of these changes is contained in the table below. 5 List of Changed Goals, Objectives, Policies in Other Elements Due to Modifications in the Transportation Element # GOP DESCRIPTION OF CHANGE 1 LU-1.1.10 Updating an outdated Transportation policy. 2 LU-1.1.11 Updating outdated Transportation objectives and policies and the Transportation Appendix. 3 LU-1.1.15 Deleted 4 LU-1.1.16 Deleted 5 LU-1.1.17 Policy added to correspond with new Transportation policy. 6 LU-1.1.18 Deleted 7 LU-1.1.19 Policy added to correspond with new Transportation policy. 8 HO-1.1.9 Policy updated to correspond with new Transportation policy. 9 PA-3.2.1 Updated to correspond with new Transportation policy and Intergovernmental Coordination policy. 10 CI-1.2.2 Updated to reflect outdated Transportation policies are replaced by new Transportation Objectives and Policies. 11 CI--1.2.3 Updated for Transportation updates. 12 IC-2.1.4 Updated for Transportation updates. 13 IC-2.1.5 Updated for Transportation updates. 14 IC-2.1.6 Updated for Transportation updates. 15 IC-2.1.7 Updated for Transportation updates. 16 IC-2.1.8 Updated for Transportation updates. 17 IC-2.1.9 Updated for Transportation updates. As depicted in the table above, the Planning Department is recommending a total of 17 modifications to five elements due to changes to the Transportation Element. The full strike - through and underline portions of these policies is contained in Attachment E of this report for convenient reference. EAR -Amendment Process: Step -by -Step The process of amending a local government's comprehensive plan is established by Section 163.3194. The timeline below summarizes the steps for the EAR -amendment process for the City of Miami. Table 1. Timeline: Transportation Element of the MCNP—Evaluation and Appraisal Report Public Meetings Spring, 2016 Conduct community workshops for public feedback on major issues for the EAR. Spring 2016 Goals, Objectives, and Policies for the MCNP are drafted for the EAR. These are in response to public feedback, revised local, regional, and state policies, and data and analyses. Spring and Summer, 2016 EAR Workshop for the PZAB. PZAB votes in favor of adopting EAR amendments, 9-1. September 7, 2016 EAR amendments approved by City Commission on First Reading (5-0) October 27, 2016 EAR amendments received by Department of Economic Opportunity (DEO) and determined to be completed. DEO begins review of EAR amendments. November 15, 2016 6 DEO completes the review of the EAR. City of Miami receives the "Objections, Recommendations, and Comments" (ORC) report. The report contains two objections and three comments. The City of Miami has 180 days to adopt, adopt with changes, or not to adopt the proposed amendment (Sec. 163.3184, F.S.). January 12, 2017 The Planning Department, Office of Transportation Management and Office of Resilience and Sustainability receive the ORC report. City staff review data and analysis to propose updated policies in response to the ORC report. Winter and Spring, 2017 The City notifies the DEO that it will be extending the deadline to adopt the EAR -based amendments to November 28, 2017. June 5, 2017 The City notifies the DEO that it will be bifurcating the adoption of the EAR -based amendments into two parts: the adoption of the Transportation Element as soon as possible (but no later than November 28, 2017) and the adoption of the remainder of the EAR -based amendments by November 28, 2018. August 25, 2017 The Planning Department coordinates with the South Florida Regional Planning Council to conduct further analysis on Peril of Flood requirements to address the objections from the ORC report. The Planning Department conducts additional data and analysis to amend the Future Land Use Map, including required population projections. Summer 2017 — Summer 2018 The notifies the DEO that it needs to extend the deadline for the Transportation Element due to Hurricane Irma to February 1, 2018. The final deadline for the remainder of the amendments is unchanged from November 28, 2018. September 18, 2017 The City adopts the EAR -amended Transportation Element and changes to other elements to maintain internal consistency within the MCNP. December, 2017 7 FINAL RECOMMENDATIONS ON ADOPTION 2016 EVALUATION AND APPRAISAL REPORT (EAR) BASED MODIFICATIONS TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP) Changes in local conditions and Florida Statutes brought about the need to amend the MCNP. Prior to bifurcating the adoption of the EAR amendments, the Planning Department conducting outreach meetings in each Commission District in the City of Miami. Meeting attendance ranged between approximately ten people at Duarte Park on April 19, 2016 and around 40 people at City Hall on April 26, 2016. At these meetings, people were asked to pick a priority between the following issue for attention for the EAR -based amendments: Green and open space; mobility; infrastructure; culture and arts; code enforcement; climate change; housing; and economic development. Mobility was the highest -scoring item, with infrastructure coming in second. A summary of the results by district is presented below. Responses by Community Members by Commission District Regarding Priorities for the City, Spring 2016 d u 35 'O L 30 U u iv 0 25 cu COC20 C Q. w 15 a ' N d 10 .0 410 6 111 1 1 lE 1 _i• F. II 11 _ii.I N 0 'O 0 Green and Mobility Infrastructure Culture and Cade Climate }{Dosing Economic Open Space Arts Enforcement Change Development d ■D1 4 3 4 0 1 3 2 1 ▪ 4 4-, •■D2 9 33 19 7 8 14 14 8 t an D3 10 16 10 6 3 6 12 8 04 11 14 11 1 13 4 4 3 ■ D5 12 16 13 8 111 12 4 11 ■ D1 ■ D2 ■ D3 D4 ■ D5 EAR Priorities 2016 by District Public interest for goals, objectives, and policies to address issues related to mobility and infrastructure merit adoption of the revised Transportation Element without delay. Since the last EAR -based amendment in 2008, a number of statutes have been adopted that require updates to the MCNP, including the Transportation Element. Attachment D contains a list of statutory changes that require updates to the entire MCNP. This attachment was used as a guide for all amendments to the MCNP introduced at first reading. This composite listing of State Statute Requirements includes changes implemented by State legislation from 2003 through 2015. 8 The current round of the EAR -based amendments identified changes with Chapter 163 citations on a yearly basis. Notations are made in Attachment D as to where updates are made in the MCNP or whether they are necessary or not. Not all regulatory changes are applicable to the City of Miami; others are merely procedural on the state level and do not require local action. If changes are needed, the appropriate Element locations are identified. All these citations are offered because select citations among these required amendments to the Transportation Element. In the MCNP, parenthetical citations in blue text refer to statutory changes by year and number (e.g., a policy with a reference like "2008/4" is a policy amended in response to a change in Chapter 163.3177(6)(b), which is the fourth statutory reference listed in Attachment D for the year 2008: "The traffic circulation element must include transportation strategies to address reduction in greenhouse gas emissions." Objective TR-1.2 is one policy within the MCNP that addresses this new state statute. Changes to the Transportation Element Since First Reading Presented below is a summary of the Recommendations of the Planning Department on the EAR -based amendments to the Transportation Element followed by the detailed changes proposed as a result of the ORC report and changes to provide editorial "clean up" or to address local issues. The changes here have occurred since First Reading at City Commission on October 27, 2016. AMENDMENT 1: Comment 1 Transportation Level of Service Deficiencies Effected Element: Transportation Amendment with Comments: The ORC report references FDOT's comments which anticipate that state facilities are expected to continue to operate at a LOS below the agency's adopted standards. The comments suggest the City devise strategies to respond to LOS deficiencies on State Strategic Intermodal System (SIS) and non-SIS facilities through collaboration with FDOT and the local MPO. Recommendation: Adopt policies TR-1.1.2 and TR-1.3.3.3 which address ways the City can collaborate with other agencies to respond to LOS deficiencies. Policy TR-1.1.2: The City will provide; and coordinate with other agencies; (Florida Department of Transportation and the Miami -Dade Metropolitan Planning Organization and Miami -Dade Department of Transportation and Public Works) sufficient multimodal trans ortation facilities and services to address existing level of service deficiencies and to promote and accommodate the City's growth strategy by linking centers of activity with effective transportation options, thereby improving accessibility. 9 Policy TR-1.3.3.3: City of Miami Office of Transportation Management has the discretion to request the applicant to submit Traffic Impact Studies and Traffic Study Methodologies as necessary. The City's Office of Transportation Management may request that these studies be sent to Miami Dade County Transportation, Miami Dade Public Works, or FDOT, or any combination of these agencies, for review or feedback, prior to final City approval. AMENDMENT 2: Level of Service standards for SIS Facilities Effected Elements: Transportation Element and Capital Improvement Element Amendment with Comments: The ORC Report references FDOT's comments relating to LOS standards for SIS facilities proposed in TR-1.6 and related policies in the Capital Improvements Element Policy CI-1.2.3. The referenced policies use the Florida Intrastate Highway System (FIHS) LOS standards. FDOT suggests modifying these policies to use the updated SIS system LOS standards. Recommendation: Adopt the modification to these policies with the new reference to updated SIS LOS standards. Objective TR-1.6: All arterial and collector roadways within the City's boundaries will operate at the acceptable levels of service (LOS) established by the agency responsible for maintenance. Policy TR-1.6.1: Within its jurisdiction, the City has adopted FDOT's minimum vehicle -trip LOS standards for State of Florida Strategic Intermodal Florida Intrastate Hi System (€II4SIS) roadways and non-SIS roadways to plan, design and operate at an acceptable level of service for the traveling public during peak travel hours of "D" in urbanized areas. The City of Miami recognizes that a number of facilities are experiencing a level of service below this standard and the following activities area planned to address substandard performance. which state: Policy TR-1.6.2: The City will continue to monitor these vehicle -trip LOS (as illustrated in Map TR-8 of ... Appendix TR 1 ) and recommend transportation control measures, signal improvements and management strategies for t= =R=_ `b.jt all roadways SIS and non-SIS within the Cit . ctcri rate y rcc mmcn ing an im Icmcnting the trans rtati n c ntr I measures. Policy TR-1.6.3: The City will retain the level of service standard for urbanized areas as outlined in FDOT Planning Topic No. 525-000-006a for SIS facilities to be a level of service "D" during peak travel hours for automobiles. Quality/level of service for other highway modes on SIS facilities (e.g. bus, pedestrian, bicycle) will be determined on a case by case basis. 10 Policy TR-1.6.4: Person Trip LOS methodology is not applicable for SIS facilities. The vehicle - trip LOS measures will be applied to all evaluations of SIS facilities and any other facilities of state importance. PolicyTR-1.6.1.1: Conduct a cit wide visionin:.rocess to identif s.ecific multimodal strategies and project in collaboration with its partner agencies to identify remedial implementation plans for Complete Streets and Transportation System Management & Operations projects and solutions with an eye towards emerging technologies and communications. Policy 1.6.1.2: Prepare a multimodal transportation master plan to identify timing and cost associated with priority solutions vetted during the visioning process. Policy 1.6.1.3: Provide significant input to the next long-range transportation plan cycle to 2045 for projects and funding implications/strategies to ensure successful and timely implementation of priority projects. Objective TR-1.7: Utilize the person -trip methodology when evaluating new downtown developments and redevelopment's impact on the local roadway level of service. Policy TR-1.7.1: The City's updated Person -Trip LOS will be implemented for non-SIS local roadways in Centers (as depicted on Map TR-143.2 within Appendix TR-1, the Data Inventory and Analysis section). Within these non-SIS roadways, tThe Person - Trip LOS methodology will only be applied to those non-SIS Centers and Transit Corridors arc within the Downtown Development of Regional Impact Increment III DDRI III and the Southeast Overtown Park West DRI Increment III (SEOPW DRI III). Non-SIS Centers and Transit Corridors - .._. feature fres uent transit service defined as transit routes -pe-a-elway-s-e-g-RR-e-Rt-& with cumulative transit headways of 10 minutes or less}, and access to bicycle facilities. CIP Policy CI-1.2.3 (f): f) The City has adopted FDOT's minimum vehicle -trip LOS standards for State of Florida Strategic Intermodal System (SIS) roadways and non-SIS roadways to plan, design, and operate at an acceptable level of service for the traveling public during peak travel hours of "D" in urbanized areas (See Objective TR-1.6). Traffic circulation on local roadways will meet the goals established in TR-1. AMENDMENT 3: Amendments to the Transportation Element for style, and local requirements 11 Effected Element: Transportation The Issue: Several additional modifications have been made to the Transportation Element in addition to those made in response to the objections and comments in the ORC Report. These address some matters of substance and some matters of style. These are considered locally - generated amendments and are noted below. Recommendation: Adopt the modifications as noted below in double strike through and double underline. Policy TR-1.7.3: When calculating person -trip volumes for the existing conditions, projected conditions without the development, and projected conditions with the development, the Person -Trip LOS will use roadway average annual daily traffic (AADT), an assumed automobile occupancy rate of a,A people per automobile (as defined in C rri rs: Mcctin thc Ch Ilcn c f Cr wth M n cmcnt in Mi mi Sc tcm cr 199 the appropriate Development of Regional Impact Increment for that project area), a possible combined trip reduction rate that reflects pedestrian and bicycle mode split (based on recent U.S. Census American Community Survey data or locally -specific travel surveys), .., ,. �... �. ... ,,..� .."... ,.. ,.,,....: a ., si.. st,;... �... �., ... ,...., �. .,.. .--,.... ai �.....r--.. ,.. .,...., ...,.. willl use cxisting r a way ca acity a justc y an ccu ancy ratc f 1A an cxisting transit ca acity ata. (Scc A cn ix TR 1, thc ata invcnt ry an analysis cha to f the Trans rtati n Elcmcnt f ram rc ctailc cscri ti n f thc Pcrs n Tri L S mcth I gy and existing transit ridership. When calculating the person trip capacities, the Person Trip LOS shall use existing roadway capacity adjusted by an occupancy rate and existing transit capacity data. (See Appendix TR-1 for Data Inventory and Analysis.) This change is driven by the policy that no longer uses the 1.4 people per automobile. Policy TR-1.7.6: Person Trip Methodology is not applicable for SIS facilities. Instead, the traditional automobile level of service methodology that measures vehicle trips will be used to evaluate SIS facilities and other facilities of state importance. This policy clarifies that person -trip methodology is not applicable for SIS facilities. Policy TR-2.1.4: The City will ensure a strong interface between (re)developments and the public transportation system by _t_h:'.=` gokencouraging Multimodal Desi:n Guidelines listed below that emphasize improved connectivity between transit facilities and (re)developments and incorporate a balanced streetscape design program to consider the followin_ *i*&14=a4: This policy is amended for clarity. Policy TR-2 3 1. lie036&rowEgolgThe City will do encourage a balanced streetscape design program that accommodates all roadway users and pays special attention to non - vehicular modes by focusing on landscaping treatments, pedestrian -scaled lighting, and the construction of sidewalks and bicycle paths along city streets. These improvements will be 12 coordinated with major repairs, roadway resurfacing, and other renovations when possible. (See Policy TR-2.1.4) This policy is amended to allow flexibility in policy. Policy TR-2.8.4: The City will continue to provide a properly designed and safe system for controlling vehicular accessibility to major thoroughfares by adhering to the adopted design standards and procedures applicable to the agency with jurisdiction over the roadway facility, which at a minimum address: • Adequate storage and turning bays; • Spacing and design of median openings and curb cuts; • Provision of service roads along major thoroughfares, where applicable; • Driveway access and spacing; and • Traffic operations, including the provision of turning bays and bus bays for bus transit. This policy is amended to rectify a scrivener's error. Policy TR-1.3.3: The City will require a generalized Traffic Statement documenting the trip generation and site access for developments and redevelopments that generate a maximum of 20 new .eak hour trips. A detailed Traffic and Nei:hborhood Impact Anal sis will be required for developments and redevelopments that generate more than 20 new peak hour trips. Determination of the number of new peak hour trips projected to result from the development will be calculated according to the latest version of the ITE Trip Generation Manual. The detailed Traffic and Neighborhood Impact Analysis will require the applicant coordinate with the City to review and approve methodology prior to conducting any detailed traffic impact analysis. Advance review of methodology proposed is recommended to ensure the analysis addresses special circumstances and characteristics of each unique development such as parking, valet operations, and queuing analysis. The City reserves the right to make changes to the proposed methodology for the detailed Traffic and Neighborhood Impact Analysis or require additional analysis on a case by case basis. This policy is amended to rectify a scrivener's error. Policy TR-1.2.8: By the end of 202020, the City will develop a citywide transportation master plan that prioritizes projects based on the needs to improve mobility, reduce congestion, promote public transit, and support economic development and will be updated concurrently with future updates to the Transportation Element of the MCNP. (See Policy TR-2.1.8. Policy TR-1.3.3.1: By December 20148, the City will formalize submittal procedures in a manual to provide guidance to applicants in preparing for advance reviews of methodologies to be used in their analyses. (See Policy TR-2.7.3. and CI-1.2.3.f.) These two policies are amended because the policies had been originally proposed for completion by 2016 and 2017 respectively. The new dates set for completion are 2020 and 2018 respectively. 13 Policy TR-2 3 1: lie0314&e&wolarThe City will dc-4444320encourage a balanced streetscape design program that accommodates all roadway users and pays special attention to non - vehicular modes by focusing on landscaping treatments, pedestrian -scaled lighting, and the construction of sidewalks and bicycle paths along city streets. These improvements will be coordinated with major repairs, roadway resurfacing, and other renovations when possible. (See Policy TR-2.1.4) This policy was changed from a policy with a set deadline for completion to one that is ongoing. PolicyTR-1.1.1: As an Urban Infill Area (UIA) and/or a Transportation Concurrency Exemption Area (TCEA)7igb&E established by Miami -Dade County, Laws and Regulations, and illustrated ink€ Appendix TR-1, Map TR-143.1, of the Data and Analysis, the City will encourage the concentration and intensification of development around centers of activity with the goal of enhancing the livability of residential neighborhoods, supporting economic development, and the viability of commercial areas. Infill development on vacant parcels, adaptive reuse of underutilized land and structures, redevelopment of substandard sites, downtown revitalization, and development projects that promote public transportation will be heavily encouraged. (See Policy LU-1.1.11.) (2005/6) This policy is amended to eliminate unneeded verbiage. NOTE: Data and analysis for the Transportation Element is provided in Exhibit B to the legislation. Administering the Revised MCNP after Adoption The Planning Department has analyzed the proposed revisions to the Transportation Element with an eye toward monitoring and evaluation. To this end, Attachment F provides a list of measurable policies for tracking after adoption. Attachment G provides a guide for which offices or agencies in the City are responsible for implementing select policies upon adoption. The Planning Department recommends the adoption of the revised Transportation Element and the 17 related policies from the Future Land Use Element, Housing Element, Parks Element, Capital Improvements Element, and Intergovernmental Coordination Element and transmittal to DEO. 14 ATTACHMENT A: LETTER OF DETERMINATION tr,ttg of �t�xmt DANIEL J. ALFONSO City Manager November 1, 2015 Mr. D. Ray Eubanks, Plan Processing Administrator Florida Department of Economic Opportunity Caldwell Building 107 East Madison Street — MSC 160 Tallahassee, FL 32399-4120 Re: 2015 City of Miami Evaluation and Appraisal Determination Letter for Comprehensive Plan Amendments Dear Mr. Eubanks: In accordance with the requirements of F.S. Chapter 163.3191, and the "Evaluation and Appraisal Notification Schedule 2012-2018", the City of Miami has evaluated its Comprehensive Neighborhood Plan (MCNP) and has determined that amendments shall be necessary in order to be consistent with and reflect changes in state requirements since the last time the comprehensive plan was updated. The City understands that the necessary amendments must be prepared and transmitted to the State land Planning Agency, via the State Coordinated Review Process, within one year of this determination, which is November 1, 2016. Thank you for your attention and assistance through this process. Should you have any questions, please contact Ms. Mireidy Fernandez at (305)416-1445 or by e-mail at mirfernandezPmiamigov.com. Sincerely, ;z. Francisco]. Garcia, Director City of Miami Planning & Zoning Department FJG:mf PLANNING AND ZONING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 ATTACHMENT B: PUBLIC OUTREACH OVERVIEW City of Miami Planning & Zoning Department Community Planning Division During the month of April, 2016, the City of Miami Planning & Zoning Department conducted a series of public meetings and sought feedback from the public related to the seven- year update to the Miami Comprehensive Neighborhood Plan, the Evaluation & Appraisal Review. Below is the entire collection of comments received from the public and concerned stakeholders: Transportation - Increased reliability of public transit - Need improvement on express lane safety Hazard - Complete streets - Bike lanes and safer environment - Continual sidewalks -safer for ped, especially at night - Support two way traffic in calle ocho and SW 7 ST - Bike lanes - Protected bike lanes - Residential/commercial zoning and single family home/neighborhoods - Bolster Miami 21 and CH 23 - Have PZAB recommendations become binding (sp. Hearing process for appeals...) - Need to improve customer services training for Public Work Inspectors - Bike Paths - Improve transit options! - TRANSIT - Mas viviendas para personas de la 3 edad - Traffic: 1) Coordination with FDOT; 2) state roads and their modification - LHLH-Little Havana on the Move - Train lines- East - West 836 and north corridor Development - No more building or condos - Need more schools for high density areas - Keep our community neighborhoods intact - Need more affordable developer in our area that help the community not their pockets our commissioner pocket. - *Control density* in order to be able to provide services. - Density is not being addressed in terms of LOS - Development impact fees, where is are the fees going? Not seeing benefits from those - Concurrency: 1) Fire LOS , School LOS, Parks LOS; 2) we do not have the infrastructure to support the development coming on-line - Neighborhood Preservation - limiting density/Up zonings - Studying the management of the impact fees - The neighborhood are not getting to be involved in these agreements -voices not being heard - Protection against density Evaluation & Appraisal Review — Public Comments Page 1 of 4 Infrastructure - Replace trees with root systems that are surface grown and destroys sidewalks - More tree trimming for lights, etc. - Sidewalk in area-54 to 59 street NE 2 to 5 Avenue - Green infrastructure to protect against storm surge and sea level rise - Repair sidewalks and streets - Replace crumbling curbs in neighborhoods - Very important to make our City a world class city. The investment is needed in every aspect --from bus benches to roads to sidewalks --more vegetation - Sidewalk and Drainage improvement - Sidewalk need to be repair for safety. - Lights are out in the street for month. - Crossway Path or traffic light in SW 6 ST, 7 ST, and 8 ST. - Customer Services training for Public Works Inspector who abuse their power. - Sepford en la 1st SW y 2D AVE. Muy largo el espacio desde la 22 AVE hasta la 17 Ave. - Street with curbs, street without curbs and site walks Services - Work with residents and owners to solve issue on illegal dumping in Little Havana - Tourist on 8th Street require more attention, bus parking, public services (restrooms), etc. - ARTS improvement $$. - EDUCATION i.e. senior programs, etc. - More after school free programs for teen and adults - Improve services for police in the Little Havana Park. Check the small cafeteria that became bar at night. - Drug situation with bike rider. - NET OFFICE: For Little Havana. Notice of an excellent job should be given to the administrator and staff under his direction. - Recycling pickups to match solid waste pickups. - NO MORE TRASH PILES!!! - Insufficient fire resource for such a large area. - Code enforcement training for the code enforcement board members - Water and sewer services need improvement in 6ST, 5 ST, by SW 5 Ave. - Informing people better- marketing information to citizens - Website to tell us, list of events: 1) train improvements; 2) impact fees what's happened to them; 3)rail update - Improve our website to disseminate information - Would like to see more outreach in churches, radio to bring out Haitian community Parks & Recreation and Open Space - Repurpose walking trail at Jose Marti Park into a rubber mulch walking trail (like Kennedy Park). - We need more green space. - Design and Build Iconic Parks - Need more Grant for Community event - MORE GREEN -less concrete in public parks! - Even smaller cities have much better, greener public spaces - Better appreciation of waterfront/public access, park space/restaurants Evaluation & Appraisal Review — Public Comments Page 2 of 4 - more green spaces and street art and landscaping that is cared for properly - Require developers to provide connected green space i.e. linear park, walking path, that *cross* "boundaries." - More green areas, parks and recreation needed. - More tree planting in residential and on right-of-way - More parks and beaches that allow dogs. - Pet waste stations or trash cans - Need more flexibility to do event for our community without any suggestion from our commissioner. - Dog parks - Plant more trees - Create natural habitats - More and interconnected - We need more dog -friendly parks - Cleaner Riverwalk - Fix lights across MRC Riverwalk - Reduce speed limits near parks to ease pedestrian access. - Control the homeless under the bridges near to parks - Follow City of Miami Education compact and enter into JUA for city to use school yards as parks. - City to purchase abandoned lots of properties with city fines to make mini -parks. - Clean and Restore all parks closed because of toxic infill - Miami Riverwalk needs to be accessible to all - Park access not achieved - Not unilateral access for school board: 1) Palm Beach County School yards to playgrounds; 2) pocket parks - Policy regarding parks expanding versus new parks needs to be identified - Contaminated park at 37th Avenue closed for 3 years - Received via email: Given that the comments of Miami residents of the last two EAR of the Miami Comprehensive Plans have resulted in a Parks Master Plan goal of adding 25 neighborhood parks, a goal which would make a park available for every resident to walk to within ten minutes; Given that since 2000 thru 2015 developers have paid the City of Miami over 50 million dollars in impact fees for parks; (I am open to this figure being corrected if the city finds it inaccurate) Given that the 80% of the park land in the city of Miami lies in District two while the four land locked districts of Miami are so void of parks that Miami ranks the second worse high density city in the entire US in terms of park space per resident; Given that park impact fees are generally spent in the districts where growth occurs; Given that the Mayor and Commission can use general capital improvement funds to construct parks in the land lock districts; Given, to the best of my knowledge, the Mayor and Commission have made little or no progress since 2000 toward creating any new parks in the four land lock districts other than Manatee Bend Park which was created in District Two but now lies in District Five which is predominantly land locked and park deficient and two parks in park plentiful District Two; Evaluation & Appraisal Review — Public Comments Page 3 of 4 Given that the City of Miami has been going thru a golden age of growth with record impact fee collection but have made little or no progress toward the Parks Master Plan neighborhood parks goal; Given there are studies showing parks attract economic growth as well as increased health benefits and interaction of people of varied social, ethnic and economic backgrounds, the above being some of the reasons developers show parks in their brochures; Given there are studies that show if children do not have a chance to play in nature by themselves they most likely will not develop respect for nature; Given that parks of all types will always need constituents to protect them from those who have no respect for parks; Because of the above growth, financial ability but also lack of political will to meet the goals of the Park Master Plan, I request the Mayor and Commission adopt a goal of adding one new neighborhood park in each of the four land locked park deficient districts every year until 25 new neighborhood or larger parks have been added to Miami. Further, I request that the Parks Advisory Board and Planning Board be tasked with keeping a monthly record of progress in creating 25 new parks and that Mayor Regaledo and succeeding mayors be required to report verbally and in writing in their state of the city addresses each year exactly the progress toward creating the 25 new parks. Environmental Resources, Water Quality, Aquifer Recharge - Water quality - VERY IMPORTANT! - Address sea level rise impact to infrastructure and parks - green infrastructure-e.g. mangroves to protect water quality of Biscayne Bay - Protection of our coastal area. - Plant more trees to (down-arrow) stormwater runoff. - Desalination Plant needs to be pursued - Very important is flooding is an issue in your area. - Managing for increased storm surge, flooding and sea level rise, protecting the water quality in Biscayne Bay. - Incentives for solar power. - Solar power incentives Housing - Affordable, energy efficient housing - *Affordable*/*Workforce* housing. We *have* to drive to work in the City because we are priced out! - Low income -Extremely low income housing as single family housing - Encourage public -private partnerships to develop a determined number of attainable affordable housing units. - Limits on % rent increases. Currently can be increase by any rate at end of lease. Prevents large turnout of low/medium income tenants. - More low income housing. - Affordable energy -offer low income home owners. Evaluation & Appraisal Review — Public Comments Page 4 of 4 ATTACHMENT C: ORC REPORT Rick Scott GOVERNOR The Honorable Tomas P. Regalado Mayor, City of Miami 3500 Pan American Drive Miami, Florida 33133 DEIr FLORIDA DEPARTMENT'' ECONOMIC OPPORTUNITY January 12, 2017 Cissy Proctor EXECUTIVE DIRECTOR Dear Mayor Regalado: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Miami (Amendment No. 16-1ER), which was received on November 14, 2016 and determined complete on November 15, 2016. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part'', F.S. Review comments received by the Department from the appropriate reviewing agencies are also enclosed. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. We have identified two objections and three comments and have included recommendations regarding measures that can be taken to address the objections. We look forward to working together with you to address these issues. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that section 163.3184(4)(e)1., F.S., provides that if the second public hearing is not held within 180 days of your receipt of the Department of Economic Opportunity report, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any questions related to this review, please contact Sean Reiss, at (850) 717-8511, or by email at sean.reissPdeo.myflorida.com. Sincerely, es D. Stansbury, Chief ureau of Community Planning JS/sr Enclosures: Objections, Recommendations, and Comments Report Procedures for Adoption Agency Comments cc: Francisco J. Garcia, Director of Planning and Zoning, City of Miami Isabel Cosio Carballo, Executive Director, South Florida Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street Tallahassee, FL 32399 850.245.7105 I www.floridajobs.org www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENT CITY OF MIAMI (DEO No. 16-1ER) The Department reviewed the City's proposed amendment related to the Evaluation and Appraisal Review (EAR) and identified the following two (2) objections and three (3) comments. If the City adopts the amendment without addressing the objections, the Department may find the amendment not in compliance pursuant to section 163.3184(4)(e)4., Florida Statutes (F.S.). Objections: Objection 1. Future Land Use Map — Planning Horizon. In accordance with section 163.3177(5)(a), F.S., each local government comprehensive plan must include at least two planning periods, one covering at least the first 5-year period occurring after the plan's adoption and one covering at least a 10-year period. The amendment includes the City's 2020 Future Land Use Map (FLUM). The planning horizon for the FLUM does not satisfy the requirement to cover at least a 10-year period. Authority: Section 163.3177(2) and (5)(a), F.S. Recommendation: Revise the amendment prior to adoption to update the Future Land Use Map to reflect at least a 10-year planning horizon. The updated horizon should be based on appropriate data and analysis including population projections for the long-range planning period. The specific planning horizon should be included in the title of the map. Objection 2. Peril of Flood. Policies proposed within the amendment do not completely address the requirements of section 163.3178(2)(f), F.S. In particular, the proposed policies do not address the components of section 163.3178(2)(f)1., F.S., that is, providing development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. This requirement is partially met by proposed Future Land Use Element Objective LU-1.8 and Policies LU-1.8.1-5 and Coastal Management Element Objective CM-1.2, Policies CM-1.2.1-3, and Policy CM1.3.3. However, these proposed policies do not completely address all of the statutory requirements because coastal areas that are currently at risk or projected to be at risk in the future from high - tide events, storm surge from storms of greater than category one -intensity, flash floods, stormwater runoff, and sea -level rise are not identified, either in the data and analysis supporting the amendment or through a map or policy to be adopted. Page 1of3 Also, the amendment does not identify site development techniques and best practices that reduce losses due to flooding, pursuant to section 163.3178(2)(f)3., F.S. Authority: Sections 163.3177(2) and 163.3178(2)(f)1. and 3., F.S. Recommendation: Revise the amendment to update the proposed Coastal Management Element and supporting data and analysis to identify at -risk coastal areas. The City can use several available tools to identify at -risk development and flood risk areas, such as those provided by the National Oceanic and Atmospheric Administration at the following links: • https://coast.noaa.gov/digitalcoast/tools/flood-exposure • http://coast.noaa.gov/digitalcoast/tools/sir • https://coast.noaa.gov/slydata/ Based upon the identification and analysis of areas at risk to flooding now, and in the future, the amendment should be revised to identify principles, strategies, and engineering solutions appropriate to the City of Miami that reduce flood risk and to identify site development techniques and best practices that the City can use to reduce losses due to flooding. Comments: Comment 1: Transportation Policies — Level of Service Deficiencies In accordance with FDOT comments related to Level of Service (LOS) deficiencies, state facilities are expected to continue to operate at a LOS below FDOT's adopted standards. Through collaboration with FDOT and the focal MPO, the City could devise strategies to respond to LOS deficiencies on State Strategic Intermoda! System (SIS) and non-SIS facilities. Comment 2: Transportation Policies — Level of Service standards for SIS Facilities Based upon FDOT comments recommending enhancements to the strategies relating to LOS standards for SIS facilities, proposed Transportation Element Objective TR-1.6 and related policies and Capital Improvements Element Policy CI-1.2.3 reference out-of-date Florida Intrastate Highway System (FIHS) LOS standards. These provisions could be updated by revising the amendment prior to the adoption to include the State LOS standards for SIS facilities, not the FIHS standards as referred to in Objective TR-1.6 and related policies and in Policy CI-1.2.3. In addition, proposed Objective TR-1.7 and subsequent implementing policies refer to the City's person -trip -based metric, used for evaluating mobility LOS. In accordance with FDOT comments, additional clarity in this objective and associated policies could be achieved by revising the amendment prior to the adoption to specify that this metric and corresponding LOS measurements does not apply to SIS facilities. Comment 3: Coastal Management and Capital improvement Elements — Coastal Zone Reference Page 2 of 3 In the Coastal Management and Capital Improvements Elements, several proposed goals, objectives, and policies reference the City's Coastal Zone. Section 380.05(2), F.S., defines the Coastal Zone as the area of land and water from the territorial limits seaward to the most inland extent of marine influences. However, the MCNP does not include a definition or map identifying the area within the City for which these related goals, objectives, and policies will apply. Revising the amendment prior to the adoption to include a map identifying the City's Coastal Zone would address this omission. Page 3 of 3 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes May 2011 NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installat'on and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format; [Continued on reverse] 1 In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the state land planning agency posts a notice of intent determing that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency to the ORC report from the State Land Planning Agency. 2 (City cif mud DANIEL1. ALFONSO City Manager November 1, 2015 Mr. D. Ray Eubanks, Plan Processing Administrator Florida Department of Economic Opportunity Caldwell Building 107 East Madison Street — MSC 160 Tallahassee, FL 32399-4120 Re: 2015 City of Miami Evaluation and Appraisal Determination Letter for Comprehensive Plan Amendments Dear Mr. Eubanks: In accordance with the requirements of F.S. Chapter 163.3191, and the "Evaluation and Appraisal Notification Schedule 2012-2018", the City of Miami has evaluated its Comprehensive Neighborhood Plan (MCNP) and has determined that amendments shall be necessary in order to be consistent with and reflect changes in state requirements since the last time the comprehensive plan was updated. The City understands that the necessary amendments must be prepared and transmitted to the State land Planning Agency, via the State Coordinated Review Process, within one year of this determination, which is November 1, 2016. Thank you for your attention and assistance through this process. Should you have any questions, please contact Ms. Mireidy Fernandez at (305)416-1445 or by e-mail at mirfernandezPmiamigov.com. Sincerely, +rancisco'J. Garcia, Director City of Miami Planning & Zoning Department FJG:mf PLANNING AND ZONING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 RICK SCOTT GOVERNOR FDOT Florida Department of Transportation 1000 NW 111 Avenue Miami, FL. 33 I72 December 9, 2016 Francisco Garcia Planning Director, Department of Planning and Zoning City of Miami 444 SW 2"d Avenue, 3rd Floor Miami, FL 33130 JIM BOXOLD SECRETARY Subject: Comments for the Evaluation and Appraisal Review (EAR) Amendments to City of Miami Comprehensive Neighborhood Plan (City of Miami 16-1ER) Dear Mr. Garcia: The Florida Department of Transportation, District Six, completed a review of the proposed Evaluation and Appraisal Review (EAR) amendments to the City of Miami's Comprehensive Neighborhood Plan (MCNP). The City of Miami intends to update the MCNP to comply with changes to state statutory requirements. The changes include revisions to the Transportation Element goals, objectives, and policies, as well as the Data Inventory and Analysis. The District reviewed the EAR amendments per Chapter 163 Florida Statutes to evaluate adverse impacts to SIS facilities. These facilities are vital to the economic vitality, growth and quality of life of the county, region and state. The following comments are offered. 1) Based on the future year level of service maps (Maps TR-21.1 and TR 21.2), several SIS and non-SIS facilities are projected to operate at Level of Service F. Given these deficiencies, the City will need to demonstrate the long term adequacy of transportation facilities to meet established acceptable levels of service, as required by ss. 163.3177(3)(a)3., and 163.3177(6)(a)8., Florida Statutes. The Department recommends that the City include a plan for how it will correct existing facility deficiencies in connection with their proposed multi - modal plan. wwv, .fdot.gov Mr. Francisco Garcia December 9, 2016 Page 2 2) Please add a policy to the Transportation Element that retains the level of service standard, as outlined in FDOT Planning Topic No. 525-000-006a, for SIS facilities. 3) Under Objectives TR-1.6 and TR-1.7, please add or amend the supporting policies to indicate that the person -trip methodology is not applicable for SIS facilities. Instead, the "traditional automobile level of service methodology", or vehicle -trip methodology, should be used to evaluate SIS facilities and items that may be considered facilities of state importance. 4) Under Policy CI-1.2.3, please add or amend the policy to indicate that the person -trip methodology is not applicable for SIS facilities. Instead, the "traditional automobile level of service methodology", or vehicle -trip methodology, should be used to evaluate SIS facilities and items that may be considered facilities of state importance. 5) Within the Data Inventory and Analysis, please revise the Level of Service section (beginning on page 11-3) to explicitly note that the person -trip methodology is not applicable to SIS facilities. Further, it should be included that vehicle -trip methodologies should be used to analyze SIS facilities and items considered to be facilities of state importance. 6) On Map TR-1 (Major Thoroughfares By Number of Lanes in Each Direction 2016) and Map TR-15 (Major Thoroughfares By Number of Lanes in Each Direction — 2040), please identify the presence and number of Express Lanes for each appropriate facility. 7) On Map TR-8 (Existing Vehicular Peak -Hour Levels of Service [LOS] for Major Thoroughfares — 2014) and Maps TR-21.1 and 21.2 (Future AM/PM Vehicular Peak -Hour Levels of Service [LOS] for Major Thoroughfares — 2040), please identify the level of service for the Express Lanes and General Purpose lanes for each appropriate facility. 8) Several references in the Data Inventory and Analysis to the Center areas map apparently misidentify the figure as Map TR-14.2. Based on the documents submitted, the text should be revised to reference Map TR-13.2. www.fdot. r0v Mr. Francisco Garcia December 9, 2016 Page 3 Please contact me at 305-470-5445 if you have any questions concerning our response. Sincerely, Kenn Jeffries Transportation Planner Cc: Harold Desdunes, P.E., Florida Department of Transportation, District 6 Dat Huynh, P.E., Florida Department of Transportation, District 6 Lisa Colmenares, AICP, Florida Department of Transportation, District 6 Ray Eubanks, Department of Economic Opportunity Isabel Moreno, South Florida Regional Council Karen Hamilton, South Florida Regional Council www.fdot.gov ATTACHMENT D-CONSISTENCY WITH STATUTORY CHANGES TO CHAPTER 163, PART II, FLORIDA STATUTES Changes to Chapter 163, F.S. Chapter 163, N/A* Addressed Amendment Needed F.S. Citations (Where/How) By Element 2003: [Ch. 03-1, ss. 14-15; ch. 03-162, s. 1; ch. 03-261, s. 158; ch. 03-286, s. 61, Laws of Florida.] 1 Creates the Agricultural Lands and Practices Act. (2): Provides legislative findings and purpose with respect to agricultural activities and duplicative regulation. (3): Defines the terms "farm," "farm operation," and "farm product" for purposes of the act. (4): Prohibits a county from adopting any ordinance, resolution, regulation, rule, or policy to prohibit or otherwise limit a bona fide farm operation on land that is classified as agricultural land. (4)(a): Provides that the act does not limit the powers of a county under certain circumstances. (4)(b): Clarifies that a fame operation may not expand its operations under certain circumstances. (4)(c): Provides that the act does not limit the powers of certain counties. (4)(d): Provides that certain county ordinances are not deemed to be a duplication of regulation. 163.3162 [NEW] * * * * * Procedural 2 Changes "State Comptroller" references to "Chief Financial Officer." 163.3167(6) Procedural 3 Provides for certain airports to abandon DRI orders. 163.3177(6)(k) * 4 Throughout s.163.3177, F.S., citations for Ch. 235, F.S., are changed to cite the appropriate section of Ch. 1013, F.S. 163.31776 Procedural 5 Throughout s.163.31777, F.S., citations for Ch. 235, F.S., are changed to cite the appropriate section of Ch. 1013, F.S. 163.31777 Procedural 2 Changes to Chapter 163, F.S. Chapter 163, I N/A* Addressed Amendment Needed F.S. Citations (Where/How) By Element s 2004: [Ch. 04-5, s. 11; ch. 04-37, s. 1; ch. 04-230, ss. 1-4; ch. 04-372, ss. 2-5; ch. 04-381, ss. 1-2; ch. 04-384, s. 2, Laws of Florida.] 1 (10): Amended to conform to the repeal of the Florida High- Speed Rail Transportation Act, and the creation of the Florida 163.3167 (10)Procedural High -Speed Rail Authority Act. (13)Appendix PW-1 Water (13): Created to require local governments to identify adequate water supply sources to meet future demand for the es- ablished planning period. Supply Facilities Work Plan Update Sept. 2015 (14): Created to limit the effect of judicial determinations issued subsequent to certain development orders pursuant to =dopted land development regulations. (14)Procedural 2 (1): Provides legislative findings on the compatibility of development with military installations. Creates 163.3175 * (2): Provides for the exchange of information relating to proposed land use decisions between counties and local govern- ments and military installations. * I(3): Provides for responsive comments by the commanding officer or his/her designee. * (4): Provides for the county or affected local government to take such comments into consideration. * (5): Requires the representative of the military installation to be an ex-officio, nonvoting member of the county's or local government's land planning or zoning board. * (6): Encourages the commanding officer to provide information on community planning assistance grants. * 3 (6)(a): Changed to require local governments to amend the future land use element by June 30, 2006 to include criteria to 163.3177 * =chieve compatibility with military installations. Changed to encourage rural land stewardship area designation as an .verlay on the future land use map. (6)(c): Extended the deadline adoption of the water supply facilities work plan amendment until December 1, 2006; provid- (6c)Appendix PW- -d for updating the work plan every five years; and exempts such amendment from the limitation on frequency of adoption 1 Sept 2015 .f amendments. (10)(1): Provides for the coordination by the state land planning agency and the Department of Defense on compatibility issues for military installations. * (11)(d)1.: Requires DCA, in cooperation with other specified state agencies, to provide assistance to local governments in implementing provisions relating to rural land stewardship areas. * (11)(d)2.: Provides for multi -county rural land stewardship areas. * 3 Changes to Chapter 163, F.S. Chapter 163, * Addressed Amendment Needed F.S. Citations N/A (Where/How) By Element 2004: [Ch. 04-5, s. 11; ch. 04-37, s. 1; ch. 04-230, ss. 1-4; ch. 04-372, ss. 2-5; ch. 04-381, ss. 1-2; ch. 04-384, s. 2, Laws of Florida.] 3 11)(d)3.-4: Revises requirements, including the acreage threshold for designating a rural land stewardship area. 11)(d)6.j.: Provides that transferable rural land use credits maybe assigned at different ratios according to the natural esource or other beneficial use characteristics of the land. (11)(e): Provides legislative findings regarding mixed -use, high- density urban infill and redevelopment projects; requires DCA to provide technical assistance to local governments. (11)(f): Provides legislative findings regarding a program for the transfer of development rights and urban infill and rede- elopment; requires DCA to provide technical assistance to Ilocal governments. 4 (1): Provides legislative findings with respect to the shortage of affordable rentals in the state. (2): Provides definitions. (3): Authorizes local governments to permit accessory dwelling units in areas zoned for single family resi- dential use based upon certain findings. (4) An application for a building permit to construct an accessory dwelling unit must include an affidavit from the applicant, which attests that the unit will be rented at an affordable rate to a very- low-income, low-income, or moderate -income person or persons. (5): Provides for certain accessory dwelling units to apply towards satisfying the affordable housing com- ponent of the housing element in a local government's comprehensive plan. (6): Requires the DCA to report to the Legislature. 163.3164(32) Procedural Procedural Procedural Procedural Creates 163.31771 (2)Procedural (3)Miami 21 LDR T3L (4)Procedural (5)Policy HO- 1.1.10 (6)Requirement removed in 2010 Housing Element 5 Amends the definition of "in compliance" to add language referring to the Wekiva Parkway and Protec- tion Act. 6 1)(m): Created to provide that amendments to address criteria or compatibility of land uses adjacent to or in close proximity to military installations do not count toward the limitation on frequency of amending comprehensive plans. 7 (1)(n): Created to provide that amendments to establish or implement a rural land stewardship area do not count toward the limitation on frequency of amending comprehensive plans Created to provide that evaluation and appraisal reports 163.3184(1)(b) Procedural 163.3187 * 163.3191(2)(n) * 4 Changes to Chapter 163, F.S. Chapter 163, N/A* Addressed Amendment Needed F.S. Citations (Where/How) By Element 2005: [Chapter 2005 157, sections 1, 2 and 15, Chapter 2005 290, and Chapter 2005 291, sections 10 12, Laws of Florida] 1 Added the definition of "financial feasibility." 163.3164(32) Procedural Definition of "Financial Feasi- bility" removed in 2011 2 (2): Required comprehensive plans to be "financially" rather than "economically" feasible. (3)(a)5.: Required the comprehensive plan to include a 5 year schedule of capital improvements. Outside funding (funding from a developer, other government or funding pursuant to referendum) of these capital improvements must be guaran- teed in the form of a development agreement or interlocal agreement. (3)(a)6.b.1.: Required a plan amendment for the annual update of the schedule of capital improvements. Deleted a provi- sion allowing updates and change in the date of construction to be accomplished by ordinance. (3)(a)6.c.: Added oversight and penalty provision for failure to adhere to this section's capital improvements requirements. (3)(a)6.d.: Required a long term capital improvement schedule if the local government has adopted a long term concur- rency management system. (6)(a): Deleted date (October 1, 1999) by which school sitting requirements must be adopted. (6)(a): Requires the future land use element to be based upon the availability of water supplies (in addition to public water acilities). (6)(a): Add requirement that future land use element of coastal counties must encourage the preservation of working wa- erfronts, as defined in section 342.07, Florida Statutes. (6)(c): Required the potable water element to be updated within 18 months of an updated regional water supply plan to incorporate the alternative water supply projects and traditional water supply projects and conservation and reuse select- d by the local government to meet its projected water supply needs. The ten year water supply work plan must include public, private and regional water supply facilities, including development of alternative water supplies. Such amend- ments do not count toward the limitation on the frequency of adoption of amendments. 5 163.3177 * (2)"Financial Fea- sibility" removed in 2011 (3a5)DA or ILA removed in 2011 (3a6b1) Requirement Re- moved in 2011 (3a6c) Requirement Re- moved in 2011 (3a6d) Requirement Re- moved in 2011 (6a)Procedural Not Included (6a)CI-1.2.2; CI- 1.2.3;; PW1.2.1 Appendix PW-1 (6a)Requirement removed in 2011 Potable Water Element Appendix PW-1 updated 2015 (3a5)Capital Improvement Element (5 Year Sched- ule) (6a) Future Land Use Element Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2005: [Chapter 2005 157, sections 1, 2 and 15, Chapter 2005 290, and Chapter 2005 291, sections 10 12, Laws of Florida] 2 (6)(e): Added waterways to resources addressed by the recreation and open space element. (6)(h)1.: The intergovernmental coordination element must address coordination with regional water supply authorities. (11)(d)4.c.: Required rural land stewardship areas to address affordable housing. (11)(d)5.: Required a listed species survey be performed on rural land stewardship receiving area. If any listed species resent, must ensure adequate provisions to protect them. (11)(d)6.: Must enact an ordinance establishing a methodology for creation, conveyance, and use of stewardship credits within a rural land stewardship area. (11)(d)6.j.: Revised to allow open space and agricultural land to be just as important as environmentally sensitive land when assigning stewardship credits. (12): Must adopt public school facilities element. (12)(a) and (b): A waiver from providing this element will be allowed under certain circumstances. (12)(g): Expanded list of items to be to include collocation, location of schools proximate to residential areas, and use of schools as emergency shelters. (12)(h): Required local governments to provide maps depicting the general location of new schools and school improve- ments within future conditions maps. (12)(i): Required the state land planning agency to establish a schedule for adoption of the public school facilities element. (12)(j): Established penalty for failure to adopt a public school facility element. (13): (New section) Encourages local governments to develop a "community vision" that provides for sustainable growth, recognizes its fiscal constraints, and protects its natural resources. (14): (New section) Encourages local governments to develop an "urban service boundary" that ensures the area is served (or will be served) with adequate public facilities and services over the next 10 years. See section 163.3184(17). * * (6e)PR-3.2.7. (6h1)IC-1.1.9. (12)See Education Element; (12) Requirement re- moved in 2011 (12ab)Education Element Adopted. (12g)EDU-1.3.1; EDU-1.3.7 (12h)See Appen- dix EDU-1 (12i)Procedural; Education Ele- ment Adopted; (12j)Requirement Removed in 2011 (13)Encouraged, not required; Re - quirement re- moved in 2011 (14)Encouraged, not required; Re- quirement re- moved in 2011 6 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2005: [Chapter 2005 157, sections 1, 2 and 15, Chapter 2005 290, and Chapter 2005 291, sections 10 12, Laws of Florida] 3 Section 163.31776 is repealed 163.31776 Education Ele- ment Adopted 4 (2): Required the public schools interlocal agreement (if applicable) to address requirements for school concurrency. The opt out provision at the end of subsection (2) is deleted. (5): Required Palm Beach County to identify, as part of its evaluation and appraisal report, changes needed in its public school element necessary to conform to the new 2005 public school facilities element requirements. (7): Provided that a county exempted from public school facilities element shall undergo re-evaluation as part of its eval ation and appraisal report to determine if it continues to meet the exemption criteria 163.31777 (2) See School ILA 5 (2)(g): Expands requirement of coastal element to include strategies that will be used to preserve recreational and com- mercial working waterfronts, as defined in section 342.07, Florida Statutes. 163.3178 PA-3.1.1; PA- 3.1.4; CM-3 6 (1)(a): Added "schools" as a required concurrency item. (2)(a): Required consultation with water supplier prior to issuing building permit to ensure "adequate water supplies" to serve new development will be available by the date of issuance of a certificate of occupancy. (2)(c): Required all transportation facilities to be in place or under construction within 3 years (rather than 5 years) after approval of building permit. (4)(c): The concurrency requirement, except as it relates to transportation and public schools, may be waived in urban infill and redevelopment areas. The waiver shall be adopted as a plan amendment. A local government may grant a concurrency exception pursuant to subsection (5) for transportation facilities located within an urban infill and redevelop- ment area. (5)(d): Required guidelines for granting concurrency exceptions to be included in the comprehensive plan. (5)(e) — (g): If local government has established transportation exceptions, the guidelines for implementing the exceptions must be "consistent with and support a comprehensive strategy, and promote the purpose of the exceptions." Exception areas must include mobility strategies, such as alternate modes of transportation, supported by data and analysis. The Florida Department of Transportation must be consulted prior to designating a transportation concurrency exception area. Transportation concurrency exception areas existing prior to July 1, 2005 must meet these requirements by July 1, 2006, or when the evaluation and appraisal based amendments are adopted, whichever occurs last. (6): Required local government to maintain records to determine whether 110 percent de minimis transportation impact threshold is reached. A summary of these records must be submitted with the annual capital improvements element up- date. Exceeding the 110 percent threshold dissolves the de minimis exceptions. (7): Required consultation with the Department of Transportation prior to designating a transportation concurrency man- agement area (to promote infill development) to ensure adequate level of service standards are in place. The local gov- ernment and the Florida Department of Transportation should work together to mitigate any impacts to the Strategic Inter - modal System. (9)(a): Allowed adoption of a long term concurrency management system for schools. 163.3180 (1)(a) requirement removed in 2011 CI-1.2.3.g) (2)(a) CI-1.2.2.a) (2)(c) requirement removed in 2011; CI-1.2.2.c) (4)(c)Requirement removed in 2011;See LU- 1.1.1;LU-1.1.11 (5)(d) Req ui rement removed in 2009 (5)(e)-(g)TR-1.1.1; LU-1.1.11. (6)Requirement removed in 2011 (7)Requirement removed in 2011. (9)(a)Requirement removed in 2011 Transportation Element 7 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2005: [Chapter 2005 157, sections 1, 2 and 15, Chapter 2005 290, and Chapter 2005 291, sections 10 12, Laws of Florida] 6 (9)(c): (New section) Allowed local governments to issue approvals to commence construction notwithstanding section163.3180 163.3180 in areas subject to a long term concurrency management system. (9)(d): (New section) Required evaluation in (9)(c)Requirement removed in 2011 Evaluation and Appraisal Repot of progress in improving levels of service coordination element. (10): Added requirement that level of service coordination element standard for roadway facilities on the Strategic Inter- modal System must be consistent with Florida Department of Transportation standards. Standards must consider compat- ibility with adjacent jurisdictions. (10)Requirement removed in 2011 (13): Required school concurrency (not optional). (13)Requirement ovei inn 22011 removed011 (13c1)EDU-1.2.1. (13)(c)1: Requires school concurrency after five years to be applied on a "less than districtwide basis" (i.e., by using school attendance zones, etc.). CI-1.2.3 Require - ment removed in 2011. (13)(c)2: Eliminated exemption from plan amendment adoption limitation for changes to service area boundaries. (13c2)Procedural; CI-1.2.3; ILA (13)(c)3.: No application for development approval may be denied if a less than districtwide measurement of school con- currency is used; however the development impacts must to shifted to contiguous service areas with school capacity. (13c3)See School ILA EDU-1.2.1. (13e)See School ILA (13)(e): Allowed school concurrency to be satisfied if a developer executes a legally binding commitment to provide miti- gation proportionate to the demand. EDU-1.2.3. CI -Public School Facilities (13e1)See School (13)(e)1: Enumerated mitigation options for achieving proportionate share mitigation. ILA EDU-1.2.3. CI -Public School 7 (17): (New section) If local government has adopted a community vision and urban service boundary, state and regional agency review is eliminated for plan amendments affecting property within the urban service boundary. Such amend- ments are exempt from the limitation on the frequency of plan amendments. 163.3184 [New] Requirement re - moved in 2011 8 (1)(c)1.f.: Allowed approval of residential land use as a small-scale development amendment when the proposed density163.3187 is equal to or less than the existing future land use category. Under certain circumstances, affordable housing units are (1c1f) Requirement re - exempt from this limitation. * moved in 2011 (1)(c)4.: (New provision) If the small-scale development amendment involves a rural area of critical economic concern, a 20-acre limit applies. (1)(o): (New provision) An amendment to a rural area of critical economic concern may be approved without regard to the statutory limit on comprehensive plan amendments. 8 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2005: [Chapter 2005 157, sections 1, 2 and 15, Chapter 2005 290, and Chapter 2005 291, sections 10 12, Laws of Florida] g (2)(k): Required local governments that do not have either a school interlocal agreement or a public school facilities ele-163.3191 ment, to determine in the Evaluation and Appraisal Report whether the local government continues to meet the exemption criteria in section 163.3177(12). (2)(1): The Evaluation and Appraisal Report must determine whether the local government has been successful in identify- ing alternative water supply projects, including conservation and reuse, needed to meet projected demand. Also, the Report must identify the degree to which the local government has implemented its 10-year water supply work plan. (2)(o): (New provision) The Evaluation and Appraisal Report must evaluate whether any Multimodal Transportation Dis- trict has achieved the purpose for which it was created. (2)(p): (New provision) The Evaluation and Appraisal Report must assess methodology for impacts on transportation facil- ities. (10): The Evaluation and Appraisal Report -based amendment must be adopted within a single amendment cycle. Failure to adopt within this cycle results in penalties. Once updated, the comprehensive plan must be submitted to the state land planning agency. (2k)Requirement removed in 2011 (21)Requirement removed in 2011 (2o)Requirement removed in 2011 (2p)equirement removed in 2011 (10)Requirement removed in 2011 10 (10) New section designating Freeport as a certified community. (11) New section exempting proposed DRIs within Freeport from review under section 380.06, Florida Statutes, unless review is requested by the local government. 163.3246 [New] 9 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2006 [Chapters 2006 68, 2006 69, 2006 220, 2006 252, 2006 255, and 2006 268, Laws of Florida] 1 Establishes plan amendment procedures for agricultural enclaves as defined in section 163.3164(33), Florida Statutes. Chapter 2006-255, Laws of Florida. 163.3162(5) [New] * 2 Defines agricultural enclave. Chapter 2006-255, Laws of Florida. 163.3164(33) [New * 3 (6)(g)2.: Adds new paragraph encouraging local governments with a coastal management element to adopt recreational surface water use policies; such adoption amendment is exempt from the twice per year limitation on the frequency of plan amendment adoptions. Chapter 2006-220, Laws of Florida 163.3177(6)(g)2. [New] CM-1.1.5;;CM- 1.1.13;NR-1.3.7; NR-1.3.8 Manatee Protection; CM-3 Working Water Front ;Removed in 2011 4 Allows the effect of a proposed receiving area to be considered when projecting the 25 -year or greater population with a rural land stewardship area. Chapter 2006-220, Laws of Florida. 163.3177(11)(d)6 * 5 Recognizes "extremely -low-income persons" as another income groups whose housing needs might be addressed by accessory dwelling units and defines such persons consistent with section 420.0004(8), Florida Statutes. Chapter 2006- 69, Laws of Florida. 163.31771(1), (2) and (4) Goal HO-1 Housing Element 6 Assigns to the Division of Emergency Management the responsibility of ensuring the preparation of updated regional hurricane evacuation plans. Chapter 2006-68, Laws of Florida. 163.3178(2)(d) CM-4.1.9 ""M-4.2 Coastal Management Element 7 Changes the definition of the Coastal High Hazard Area to be the area below the elevation of the category 1 storm surge line as established by the SLOSH model. Chapter 2006-68, Laws of Florida 163.3178(2)(h) Policy CM-4.1.2 Coastal Management Element 8 Adds a new section allowing a local government to comprehensively with the requirement that its comprehensive plan direct population concentrations away from the Coastal High Hazard Area and maintains or reduces hurricane evacuation times by maintaining an adopted level of service standard for out -of -county hurricane evacuation for a category 5 storm, by maintaining a 12-hour hurricane evacuation time or by providing mitigation that satisfies these two requirements. Chapter 2006-68, Laws of Florida. 163.3178(9)(a) [New] CM-4.1.2 - M-4.3.4 g Adds a new section establishing a level of service for out -of -county hurricane evacuation of no greater than 16 hours for a category 5 storm for any local government that wishes to follow the process in section 163.3178(9)(a) but has not estab- lished such a level of service by July 1, 2008. Chapter 2006-68, Laws of Florida. 163.3178(9)(b) [New] CM-4.3.4 10 Requires local governments to amend their Future Land Use Map and coastal management element to include the new definition of the Coastal High Hazard Area, and to depict the Coastal High Hazard Area on the Map by July 1, 2008. Chapter 2006-68, Laws of Florida. 163.3178(2)(c) CM-4.1.2 Appendix LU-1 11 Allows the sanitary sewer concurrency requirement to be met by onsite sewage treatment and disposal systems approved by the Department of Health. Chapter 2006-252, Laws of Florida. 163.3180(2)(a) CI-1.2.2(a) 10 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2006 [Chapters 2006 68, 2006 69, 2006 220, 2006 252, 2006 255, and 2006 268, Laws of Florida] 12 Changes section 380.0651(3)(i) to section 380.0651(3)(h) as the citation for the standards a multiuse development of regional impact must meet or exceed. Chapter 2006-220, Laws of Florida. 163.3180(12)(a) Requirement re - moved in 2011 13 Deletes use of extended use agreement as part of the definition of small scale amendment. Chapter 2006-69, Laws of Florida. 163.3187(1)(c)1.f Statute deleted in 2011 14 Creates a new section related to electric distribution substations; establishes criteria addressing land use compatibility of substations; requires local governments to permit substations in all future land use map categories (except preservation, conservation or historic preservation); establishes compatibility standards to be used if a local government has not estab- fished such standards; establishes procedures for the review of applications for the location of a new substation; allows local governments to enact reasonable setback and landscape buffer standards for substations. Chapter 2006-268, Laws of Florida 163.3208 [New] Future Land Use Element Interpretation of the 2020 Future Land Use Map 15 Creates a new section preventing a local government from requiring for a permit or other approval vegetation mainte- nance and tree pruning or trimming within an established electric transmission and distribution line right-of-way. Chapter 2006-268, Laws of Florida. 163.3209 [New] Procedural LDR & Landscape Ordi- nance 16 Community Workforce Housing Innovation Pilot Program; created by Chapter 2006-69, section 27, Laws of Florida. Es- tablishes a special, expedited adoption process for any plan amendment that implements a pilot program project New 420.5095 Housing Element 17 Affordable housing land donation density incentive bonus; created by Chapter 2006-69, section 28, Laws of Florida. Al- lows a density bonus for land donated to a local government to provide affordable housing; requires adoption of a plan amendment for any such land; such amendment may be adopted as a small-scale amendment; such amendment is ex- empt from the twice per year limitation on the frequency of plan amendment adoptions. New 420.615 Housing Element 11 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2007: [Chapters 2007 196, 2007 198, and 2007 204, Laws of Florida] 1 (26) Expands the definition of "urban redevelopment" to include a community redevelopment area. Chapter 2007-204,163.3164 Procedural Laws of Florida. Definition of (32) Revises the definition of "financial feasibility" to clarify that the plan is financially feasible for transportation and schools if level of service standards are achieved and maintained by the end of the planning period even if in a particular year such standards are not achieved; deletes the provision that level of service standards need not be maintained if the proportionate fair share process in sections 163.3180(12) and (16), Florida Statutes, is used. Chapter 2007-204, Laws of "Financial Feasi- bility" removed in 2011 Florida. 2 (2) Clarifies that financial feasibility is determined using a five-year period (except in the case of long-term transportation163.3177 or school concurrency management, in which case a 10 or 15-year period applies). Chapter 2007-204, Laws of Florida. (2) Requirement removed in 2011 (3)(a)6 Transportation (3)(a)6. Revises the citation to the Metropolitan Planning Organization's Transportation Improvement Program and long- range transportation plan. Chapter 2007-196, Laws of Florida. Element; Intergovernmen- tal Coordination Element (3)(b)1. Requires an annual update to the Five -Year Schedule of Capital Improvements to be submitted by December 1, (3)(b)1. Procedur- 2008 and yearly thereafter. If this date is missed, no amendments are allowed until the update is adopted. Chapter 2007-al 204, Laws of Florida. — Penalties removed in 2011. (3)(c) Deletes the requirement that the state land planning agency must notify the Administration Commission if an annual update to the capital improvements element is found not in compliance (retained is the requirement that notification must take place is the annual update is not adopted). Chapter 2007-204, Laws of Florida. (3)(c) Procedural - Section deleted in 2011 (3)(e) Provides that a comprehensive plan as revised by an amendment to the future land use map is financially feasible if it is supported by (1) a condition in a development order for a development of regional impact or binding agreement that addresses proportionate share mitigation consistent with section 163.3180(12), Florida Statutes, or (2) a binding agree- ment addressing proportionate fair -share mitigation consistent with section 163.3180(16)(f), Florida Statutes, and the property is located in an urban infill, urban redevelopment, downtown revitalization, urban infill and redevelopment or urban service area. Chapter 2007-204, Laws of Florida. (3)(e) Deleted in 2011 (6)(f)1.d. Revises the housing element requirements to ensure adequate sites for affordable workforce housing within certain counties. Chapter 2007-198, Laws of Florida. (6)(f)1.d. Housing Element (6)h. and i. Requires certain counties to adopt a plan for ensuring affordable workforce housing by July 1, 2008 and pro- vides a penalty if this date is missed. Chapter 2007-198, Laws of Florida. (6)(f)1.h.& i. Delet- ed in 2008 3 (4)(b) Expands transportation concurrency exceptions to include airport facilities. Chapter 2007-204, Laws of Florida. 163.3180 (4)(b) Removed in 2011 (5)(b)5 Adds specifically designated urban service areas to the list of transportation concurrency exception areas. Chap- ter 2007-204, Laws of Florida. (5)(b)5 Removed in 2011 (5)(f) Requires consultation with the state land planning agency regarding mitigation of impacts on Strategic Intermodal (5)(f) Procedural - System facilities prior to establishing a concurrency exception area. Chapter 2007-204, Laws of Florida. Removed in 2011 (12) and (12)(a) Deletes the requirement that the comprehensive plan must authorize a development of regional impact to satisfy concurrency under certain conditions. Also, deletes the requirement that the development of regional impact must include a residential component to satisfy concurrency under the conditions listed. Chapter 2007-204, Laws of Flori- da. (12) & (12)(a) Re - moved in 2011 (12)(d) Clarifies that any proportionate -share mitigation by development of regional impact, Florida Quality Development and specific area plan implementing an optional sector plan is not responsible for reducing or eliminating backlogs. Chap- ter 2007-204, Laws of Florida. (12)(d) Removed in 2011 12 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2007: [Chapters 2007 196, 2007 198, and 2007 204, Laws of Florida] 3 (13)(e)4. A development precluded from commencing because of school concurrency may nevertheless commence if163.3180 certain conditions are met. Chapter 2007-204, Laws of Florida. (13)(e)4 Removed in 2011 (16)(c) and (f) Allows proportionate fair -share mitigation to be directed to one or more specific transportation improve- ment. Clarifies that such mitigation is not to be used to address backlogs. Chapter 2007-204, Laws of Florida. (16)(c)&(f) Re- moved in 2011 (17) Allows an exempt from concurrency for certain workforce housing developed consistent with section 380.061(9) and section 380.0651(3). Chapter 2007-198, Laws of Florida. (17) Removed in 2011 4 Allows a local government to establish a transportation concurrency backlog authority to address deficiencies where exist-163.3182 ing traffic volume exceeds the adopted level of service standard. Defines the powers of the authority to include tax incre- ment financing and requires the preparation of transportation concurrency backlog plans. Chapters 2007-196 and 2007- [New] Removed in 2011 198, Laws of Florida. 5 Allows plan amendments that address certain housing requirements to be expedited under certain circumstances. Chap- 163.3184(19) Removed in 2011 ter 2007-198, Laws of Florida. [New] 6 Exempts any plan amendment that is consistent with the local housing incentive strategy consistent with section 420.9076163.3187(1)(p) Removed in 2011 from the twice per year limitation on the frequency of adoption of plan amendments. Chapter 2007-198, Laws of Florida. [New] 7 Add an amendment to integrate a port master plan into the coastal management element as an exemption to the prohibi- 163.3191(14) Removed in 2011 tion in sections 163.3191(10). Chapters 2007-196 and 2007-204, Laws of Florida. [New] 8 Extends the duration of a development agreement from 10 to 20 years. Chapter 2007--204, Laws of Florida. 163.3229 Duration of DA extended to 30 years in 2011 Capital Improvements Element g Establishes an alternative state review process pilot program in Jacksonville/Duval, Miami, Tampa, Hialeah, Pinellas and 163.32465 [New] 163.32465 was Broward to encourage urban infill and redevelopment. Chapter 2007-204, Laws of Florida. See 163.32466 Repealed in 2011 Per 163.32466 subject to local referendum Pro- cedural 10 If a property owner contributes right-of-way and expands a state transportation facility, such contribution may be applied as a credit against any future transportation concurrency requirement. Chapter 2007-196, Laws of Florida. 339.282 [New] CI-1.3.1 Transportation Element Capital Improvement Ele- ment 11 Establishes an expedited plan amendment adoption process for amendments that implement the Community Workforce 420.5095(9) Procedural Housing Innovation Pilot Program and exempts such amendments from the twice per year limitation on the frequency of adoption of plan amendments. Chapter 2007-198, Laws of Florida Specifics covered under 163.3184 13 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2008: [Chapters 2008-191 and 2008-227, Laws of Florida j 1 The future land use plan must discourage urban sprawl. Chapter 2008 191, Laws of Florida. 163.3177(6)(a) Future Land Use Element 2 The future land use plan must be based upon energy efficient land use patterns accounting for existing and future energy electric power generation and transmission systems. Chapter 2008 191, Laws of Flori- da 163.3177(6)(a) Requirement re - 3 The future land use plan must be based upon greenhouse gas reduction strategies. Chapter 2008 191, Laws of Florida. 163.3177(6)(a) Policy NR-3.2.6: Requirement re- moved in 2011 4 The traffic circulation element must include transportation strategies to address reduction in greenhouse gas emissions. Chapter 2008 191, Laws of Florida. 163.3177(6)(b) Policy NR-3.2.6: Requirement re- moved in 2011 Transportation element 5 The conservation element must include factors that affect energy conservation. Chapter 2008 191, Laws of Florida 163.3177(6)(d) Natural Resource Conser- vation Element 6 The future land use map series must depict energy conservation. Chapter 2008 191, Laws of Florida. 163.3177(6)(d) Requirement re- moved in 2011 7 The housing element must include standards, plans and principles to be followed in energy efficiency in the design and construction of new housing and in the use of renewable energy resources. Chapter 2008 191, Laws of Florida. 163.3177(6)(f) 1.h.and i. Requirement re- moved in 2011 8 Local governments within a Metropolitan Planning Organization area must revise their transportation elements to include strategies to reduce greenhouse gas emissions. Chapter 2008 191, Laws of Florida. 163.3177(6)(j) Requirement re- moved in 2011 Transportation element 9 Various changes were made in the State Comprehensive Plan that address low carbon emitting electric power plants. See Section 5 of Chapter 2008 227, Laws of Florida. Chapter 187, Flori- da Statutes Procedural 14 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2009: [Chapter 2009-85 and 2009-96-Laws of Florida] 1 Changes "Existing Urban service area" to "urban service area" and revises the definition of such an area. Chapter 2009-96, section 2, Laws of Florida. 163.3164(29) Procedural. Loca- tion changed to number (50) in 2011 2 Section 163.3164(34) Adds definition of "Dense urban land area." Chapter 2009 96, section 2, Laws of Florida. 163.3164(34) Requirement Removed in 2011 3 Postpones from December 1, 2008 to December 1, 2011, the need for the annual update to the capital improvements element to be financially feasible. Chapter 2009 -96, section 3, Laws of Florida. 163.3177(3)(b)1. Requirement Re - moved in 2011 4 Requires the future land use element to include by June 30, 2012, criteria that will be used to achieve compatibility of lands near public use airports. For military installations, the date is changed from June 30, 2006, to June 30, 2012. Section 3, Chapter 2009 85, Laws of Florida 163.3177(6)(a) Objective PA-2.1 Future Land Use Ele- ment; Ports, Aviation, and Related Facilities 5 Requires the intergovernmental coordination element to recognize airport master plans. Chapter 2009 85, section 3, Laws of Florida. 163.3177(6)(h) 1.b Requirement removed in 2011. 6 Requires the intergovernmental coordination element to include a mandatory (rather than voluntary) dispute resolution process and requires use of the process prescribed in section 186.509, Florida Statutes, for this purpose. Chapter 2009 96, section 3, Laws of Florida. 163.3177(6)(h) 1•c• Goal IC-3: Objec- five IC-3.1: Policy IC-3.1.1: Intergovernmental Co - ordination Element 7 Requires the intergovernmental coordination element to provide for interlocal agreements pursuant to section 333.03(1)(b), Florida Statutes, between adjacent local governments regarding airport zoning regu- lations. Chapter 2009 85, section 3, Laws of Florida. 163.3177(6)(h) 1•d• Intergovernmental Co - ordination Element 8 Defines "rural agricultural industrial center" and provides for their expansion though the plan amendment process. Chapter 2009 154, section 1, Laws of Florida. 163.3177(15)(a) [New] 9 Allows a municipality that is not a dense urban land area to amend its comprehensive plan to designate certain areas as transportation concurrency exception areas. Chapter 2009 96, section 4, Laws of Florida. 163.3180(5)(b)2 10 Allows a county that is not a dense urban land area to amend its comprehensive plan to designate certain areas as transportation concurrency exception areas. Chapter 2009 96, section 4, Laws of Florida. 163.3180(5)(b)3. 11 Requires local governments with state identified transportation concurrency exception areas to adopt land use and transportation strategies to support and fund mobility within such areas. Chapter 2009 96, section 4, Laws of Florida. 163.3180(5)(b)4. Requirement Re - moved in 2011 Policy LU-1.1.11: Doi icy LU-1.1.13 15 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2009: [Chapter 2009-85 and 2009-96-Laws of Florida] 12 Except in transportation concurrency exception areas, local governments must adopt the level of service established by the Department of Transportation for roadway facilities on the Strategic Intermodal Sys- tem. Chapter 2009 96, section 4, Laws of Florida. 163.3180(10) Requirement Re- 13 Defines a backlogged transportation facility to be one on which the adopted level of service is exceeded by existing trips, plus additional projected background trips. Chapter 2009 85, section 5, Laws of Florida 163.3180(12)(b) & 16 i ( )(I) Requirement Re- moved in 2011. 16 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2010 : [Chapters 2010 5, 2010 33, 2010 70, 2010 102, 2010 182, 2010 205, and 2010 209, Laws of Florida ] 1 Deletes section 163.31771(6), Florida Statutes (obsolete language that addressed an accessory dwelling unit repot); no sustentative comprehensive planning requirement impact. Section 16, Chapter 2010 5, Laws of Florida 163.31771(6) * 2 Chapter 2010 102, Laws of Florida, makes several minor changes which do not affect sustentative com- prehensive planning requirements: Section 163.2526, Florida Statutes: repealed; Section 163.3167(2), Florida Statutes: obsolete language deleted Section 163.3177(6)(h), Florida Statutes: minor wording changes; Section 163.3177(10)(k), Florida Statutes: minor wording changes; Section 163.3178(6), Florida Statutes: obsolete language deleted; Section 163.2511(1), Florida Statutes: minor wording changes; Section 163.2514, Florida Statutes: minor wording changes; Section 163.3202, Florida Statutes: minor wording changes Chapter 2010- 102, Laws of Florida 3 Chapter 2010 205, Laws of Florida, makes several minor wording changes Chapter 163, Part'', Florida Statutes, which do not affect sustentative comprehensive planning requirements: Section 163.3167(13), Florida Statutes Section 163.3177(4)(a), Florida Statutes Section 163.3177(6)(c), (d) and (h), Florida Statutes Section 163.3191(2)(I), Florida Statutes Chapter 2010- 205, Laws of Florida 4 Chapter 2010-209, Laws of Florida, makes a minor wording change in section 163.2523, Florida Statutes, which does not affect substantive comprehensive planning requirements. Chapter 2010 209, Laws of Florida 5 Deleted the phrase "SMART Schools Clearinghouse". Chapter 2010 70, section 11, Laws of Florida. Section 163.31777(1)(a) and (3)(a) 6 Revises section 163.3175, Florida Statutes, to list the 14 military installations and 43 local governments affected by special coordination and communication requirements. Section 1, Chapter 2010 182, Laws of Florida. Section 163.3175(2) 7 Revises section 163.377(6)(a), Florida Statutes, to specify that the 43 local governments listed in section 163.3175(2), Florida Statutes, must consider the factors listed in section 163.3175(5), Florida Statutes, when considering the compatibility of land uses proximate to military installations. Chapter 2010 182, Section 163.3177(6)(a) 8 Revised section 163.3180(4)(b), Florida Statutes, to define hangars for the assembly, manufacture, maintenance or storage of aircraft as public transit facilities. Chapter 2010-33, section 1, Laws of Florida. Section 163.3180(4)(13) * Requirement re- moved in 2011 17 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 1 Deletes the exemption for plan amendments to designate an urban infill and redevelopment area from the twice per year amendment limitation of s.163.3187. 163.2517(4) Policy LU-1.1.11 2 Changes "Local Government Comprehensive Planning and Land Development Regulation Act" to "Community Planning Act." 163.3161(1) Procedural 3 Expresses the purpose of the act, changing "control" future development to "manage" future develop- ment "consistent with the proper role of local government." 163.3161(2) Procedural 4 States the intent of the act is to focus the state role in managing growth to protect the functions of im- portant state resources and facilities. 1633161(3) [New] Procedural 5 Modifies the intent of the legislature with respect to how comprehensive plans and amendments affect property rights. 163.3161(10) Future Land Use Ele- ment 6 Expresses legislative intent to recognize and protect agriculture, tourism and military presence as being the state's traditional economic base. 163.3161(11) [New] Goal LU-1 Future Land Use Ele- ment 7 Expresses legislative intent to not require local government plans that have been found to be in compli- ance to adopt amendments implementing the new statutory requirements until the evaluation and ap- praisal period provided in s. 163.3191 163.3161(12) [New] Future Land Use Ele- ment 8 Modifies the provisions for agricultural lands and practices to state that a plan amendment for an agricul- tural enclave is presumed not to be urban sprawl as defined in 163.3164. 163.3162(4) 9 Changes "Local Government Comprehensive Planning and Land Development Regulation Act" to "Community Planning Act" and sets forth new and modified definitions, many of which were included in repealed Rule 9J-5.003, F.A.C. 163.3164 Procedural 10 Establishes definition for "adaptation action area." 163.3164(1) [New] Procedural 11 Establishes definition for "affordable housing" [same meaning as in s.420.0004(3)]. 163.3164(3) [previously in Rule 9J-5] 12 Establishes definition for "antiquated subdivision." 163.3164(5) [New] 13 Establishes definition for "capital improvement." 163.3164(7) [previously in Rule 9J-5] 18 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 14 Establishes definition for "compatibility." 163.3164(9) [previously in Rule 9J-5] Procedural 15 Establishes definition for "deepwater ports." 163.3164(11) [previously in Rule 9J-5] Procedural 16 Establishes definition for "density." 163.3164(12) [previously in Rule 9J-5] Procedural 17 Establishes definition for "floodprone areas 163.3164(18) [previously in Rule 9J-5] Procedural 18 Establishes definition for "goal." 163.3164(19) [previously in Rule 9J-5] Procedural 19 Establishes definition for "intensity." 163.3164(22) [previously in Rule 9J-5] Procedural 20 Establishes definition for "internal trip capture." 163.3164(23) [New] Procedural 21 Establishes definition for "level of service." 163.3164(28) [previously in Rule 9J-5] Procedural 22 Deletes definition for "financial feasibility." 163.3164(32) [Deleted] Procedural 23 Establishes definition for "new town." 163.3164(32) [previously in Rule 9J-5] Procedural 24 Establishes definition for "objective." 163.3164(33) [previously in Rule 9J-5] Procedural 25 Deletes definition for "dense urban land areas." 163.3164(34) [Deleted] Procedural 26 Establishes definition for "policy." 163.3164(36) [previously in Rule 9J-5] Procedural 19 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 27 Deletes health systems and spoil disposal sites for maintenance dredging located in intracoastal waterways (except sites owned by ports) from the definition of "public facilities." 163.3164(38) Procedural 28 Changes definition of "regional planning agency" to "the council created pursuant to chapter 186." 163.3164(40) Procedural 29 Establishes definition for "seasonal population." 163.3164(41) [previously in Rule 9J-5] Procedural 30 Changes definition of "optional sector plan" to "sector plan" and clarifies the purpose of a sector plan. The term includes an optional sector plan that was adopted before the effective date of the act. 163.3164(42) Procedural 31 Establishes definition for "suitability." 163.3164(45) [previously in Rule 9J-5] Procedural 32 Establishes definition for "transit -oriented development." 163.3164(46) [New] Procedural Transportation Element Intergovernmental Coordination Element 33 Clarifies the definition of "urban service area" to delete the term "built-up" and to include any areas iden- tified in the comprehensive plan as urban service areas, regardless of local government limitation. 163.3164(50) Procedural 34 Establishes new definition for "urban sprawl." 163.3164(51) [replaces definition previously in 9J-5] Procedural 35 Modifies requirements for maintaining comprehensive plan, deleting the reference to s. 1633184 and the requirement that proposed plan amendments be submitted to the state land planning agency. 163.3167(2) Procedural 36 Deletes provisions for regional planning agency adoption of plan amendments for elements and amend- ments not prepared by a local government 163.3167(3) and (6) [Deleted] Procedura' 37 Deletes provisions for local government challenge of costs associated with preparing a comprehensive plan and related state land planning agency action. 163.3167(7) [Deleted] 38 Deletes provisions for encouraging each local government to articulate a vision of its future physical ap- pearance and qualities of its community. 163.3167(11) [Deleted 20 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 39 Establishes provisions for "planning innovations and technical assistance" and clarifies the roles of the state land planning agency and all other appropriate state and regional agencies in the process. Requires, upon request by the local govern- ment, the state land planning agency to coordinate multi -agency assistance on plan amendments that may adversely impact important state resources or facilities. Requires the state land planning agency to provide on its website guidance on the submittal and adoption of comprehensive plans, amendments and land development regulations, prohibiting such guidance from being adopted by rule and exempting such guidance from s. 120.54(1)(a). 163.3168(1) — (4) [New] Procedural 40 Modifies areas of authority under this act with respect to joint agreements and intergovernmental coordi- nation between cities and counties and planning in advance of jurisdictional changes 163.3171(4) LU-1.1.1; SS - 1.2.4; SS-1.2.3.; SS-2.2.3; TR- 1.4.1; EDU — Monitoring Re- quirements; PA- 32.3.3; CM- 4.3.4; EDU- 1.1.5; EDU- 1.1.6; EDU- 1.1.7; EDU-1.2.3; EDU-1.7; IC- 1.1.1. IC-3.1; Concurrency Management Program 41 Modifies military base compatibility provisions to not require that commanding officer comments, under- lying studies and reports be binding on the local government. Requires the affected local government to be sensitive to private property rights and not be unduly restrictive on those rights in considering the comments provided by the commanding officer or designee. 163.3175(5)(d) and (6) * 42 Modified to require that any local government comprehensive plan that has been amended to address military compatibility requirements after 2004 and was found in compliance be deemed in compliance until the local government conducts its evaluation and appraisal review pursuant to s.163.3191 and deter- mines that amendments are necessary. 163.3175(9) 43 Modified to include significant portions of repealed Rule 9J-5.001 and 9J-5.005, F.A.C., with respect to the principles, guidelines, standards and strategies to be set forth in required and optional elements of the comprehensive plan and requirements for basing these elements on relevant, appropriate and profes- sionally accepted data 163.3177(1) Future Land Use Element 21 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 44 Deletes financial feasibility requirements. 163.3177(2) Capital Improvement Element 45 Modifies provisions for preparing the capital improvements element to require the schedule to cover a 5- year period and identify whether projects are either funded or unfunded and given a level of priority for funding. Deletes requirements for financial feasibility. 163.3177(3)(a)4 Policy CI-1.2.2.c) Capital Improvement Element; Appendix CI-1 46 Modifies requirements for local government annual review of capital improvements element to no longer require transmittal of the adopted amendment to the state land planning agency and deletes provisions related to sanctions by the Administration Commission, adoption of long-term concurrency management - systems and financial feasibility 163.3177(3)(b) Procedural 47 Modifies planning period requirements, allowing additional planning periods for specific components, elements, land use amendments, or projects as part of the planning process. 163.3177(5)(a) Procedural 48 Modifies requirements for the future land use element to include guidance from repealed Rule 9J-5.006, F.A.C., relative to general range of density or intensity of uses for gross land area and establishing a long term end toward which land use programs and activities are ultimately directed. 163.3177(6)(a) FLUM; Interpre- tation of the 2020 Future Land Use map 49 Modifies the standards on which future land use plan and plan amendments are based to include: perma- nent and seasonal population, compatibility, the need to modify land uses and development patterns within antiquated subdivisions, preservation of waterfronts, location of schools proximate to urban resi- dential areas, and other considerations taken from repealed Rule 9J-5.006, F.A.C. 163.3177(6)(a)2 and 3 Goal CM-1 Obj. EDU-1.2; Interpretation of the 2020 Future Land Use Map 50 Modifies requirements for the future land use element "to accommodate at least the minimum amount of land required to accommodate the medium projections of the University of Florida's Bureau of Eco- nomic and Business Research for at least a 10-year planning period unless otherwise limited." 163.3177(6)(a)4 Interpretation of the 2020 Future Land Use Map 51 Establishes requirements for analyzing future land use map amendments using portions of repealed Rule 9J-5.006, F.A.C. 163.3177(6)(a)8 [New] Goal LU-1 52 Establishes requirements for the future land use element and map series, including with slight revisions the primary indicators that a plan or plan amendment does not discourage the proliferation of urban sprawl that were in repealed Rule 9J-5.006, F.A.C. 163.3177(6)(a)9 and 10 [New] Future Land Use Ele- ment Appendix LU-1 22 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 53 Modifies requirements for the transportation element to include significant portions of repealed Rule 9J-5.019, F.A.C., addressing circulation of recreational traffic, including bicycle facilities, exercise trails, riding facilities and airport master plans. 163.3177(6)(b) PR-1.4.4.; IC- 1.1.6 . Transportation Element 54 Modifies requirements for the general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element to include guidance from portions of repealed Rule 9J-5.011, F.A.C., and deletes requirements for including a topographic map depicting any areas adopted by a water management district as prime groundwater recharge areas and addressing areas served by septic tanks. 163.3177(6)(c) PW-1; Water Supply Facilities Work Plan Up - date 2015 55 Modifies potable water supply planning requirements to remove the provision that states that "amendments to incorporate the work plan do not count toward the limitation on the frequency of adop- tion of amendments to the comprehensive plan." 163.3177(6)(c)3 Procedural 56 Modifies requirements for the conservation element to include portions of repealed Rule 9J-5.013, F.A.C., to list the natural resources to be identified, analyzed and protected and toward which conservation prin- ciples, guidelines and standards are to be directed. 163.3177(6)(d)1 and 2 [New] Goal NR-1; -2;-3 57 Modifies requirements for analyzing current and projected water sources for a 10-year period to include consideration of demands for industrial, agricultural and potable water use and the quality and quantity of water available to meet these demands and the existing levels of conservation, use and protection and policies of the regional water management district. 163.3177(6)(d)3 PW-1;Water Supply Facilities Work Plan Up - date 2015 58 Clarifies requirements for the housing element to include guidelines, standards and strategies based on an inventory taken from the latest decennial United States Census or more recent estimates and various other considerations listed in repealed Rule 9J-5.010, F.A.C. 163.3177(6)(f)1 and 2 Requirement removed in 2012 59 Deletes requirement for an affordable housing needs assessment conducted by the state land planning agency. 163.3177(6)(f)2 [Deleted] No Impact 60 Based on repealed Rule 9J-5.010, F.A.C., sets forth new requirements for the creation and preservation of affordable housing, elimination of substandard housing conditions, providing for adequate sites and distri-[New] bution for a range of incomes and types and including programs for partnering, streamlined permitting, quality of housing, neighborhood stabilization and improving historically significant housing. 163.3177(6)(f)3 Obj. HO-1.1.; Obj. HO-1.2 61 Modifies the objectives of the coastal management element andincludes a new requirement for preserv- ing historic and archaeological resources. 163.3177(6)(g) Goal CM-5 62 Deletes provisions for local government adoption of recreational surface water use policies. 163.3177(6)(g)2 [Deleted] No Impact 23 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 63 Sets forth an option for the local government to develop an adaptation action area designation for low-lying coastal zones experiencing coastal flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. 163.3177(6)(g)10 [New] Policy LU-1.8.4 64 Deletes requirement for intergovernmental coordination element to provide for recognition of campus 163.3177(6)(h)1.b [Deleted] No Impact master plans and airport master plans. 65 Modifies requirements for the intergovernmental coordination element to include portions of repealed Rule 9J-5.015, F.A.C, including coordinating and addressing impacts on adjacent municipalities and coordi- 163.3177(6)(h)3.a and b [New] Goal IC-1;-2;-3 Capital Improvement Element; Intergovern- mental Coordination element nating the establishment of level of service standards. 66 Deletes requirements in intergovernmental coordination element for fostering coordination between 163.3177(6)(h)3 and 4 [Deleted] Policy IC-1.1.2. (Optional) special districts and local general purpose governments, submittal of public facilities report, execution of interlocal agreement with district school board, the county and nonexempt municipalities, and submittal of reports to the Florida Department of Community Affairs by counties with populations greater than 100,000. 67 Deletes provisions for optional elements of the comprehensive plan, transportation and traffic circulation, 163.3177(6)(i), (j), (k) [Deleted] No Impact airport compatibility and other requirements related to transportation corridors and reduction of green- house gas emissions specific to local governments within an urbanized area. 68 Deletes provisions for airport master plans 163.3177(6)(k) [Deleted] Policy TR- 1.9.1.;To be de- leted Transportation Element 69 Deletes provisions for additional plan elements, or portions or phases thereof, including an economic de- 163.3177(7)(a)-(I) [Deleted] LU-1.7.5. Future Land Use ele- ment velopment element. 70 See prior table entries for description of deleted provisions. 163.3177(8)-(14) [Deleted] No Impact 71 See Chapter 2011-139, Laws of Florida. 163.3177(15)(a) Now: 163.3177(7) (a) Requirement Removed in 2011 72 Modifies provisions for processing plan amendments for land located within a rural agricultural industrial 163.3177(7)(c)2 center to presume that these amendments are not urban sprawl as defined in s. 163.3164 and shall be considered within 90 days after any review required by the state land planning agency if required by s. 163.3184. 24 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 73 Deletes requirements for public schools interlocal agreements with respect to submittal of the agreements to the state land planning agency based on an established schedule and other requirements involving the state land planning agency related to waivers and exemptions. 163.31777(1)(b)- (d) and (2) No Impact 74 Deletes requirements related to the submittal of comments from the Office of Educational Facilities on 163.31777(3)(a)-(c) and (4)-(7) [Deleted] Policy EDU- 1.1.5. to be modified Education Element the interlocal agreement, challenges to the state land planning agency notice of intent and other review process requirements. 75 Deletes parks and recreation, schools and transportation from the list of public facilities and services sub- ject to the concurrency requirement on a statewide basis. 163.3180(1) Policy CI-1.2.2 &CI-1.2.3 76 Modifies concurrency requirements to include portions of repealed Rule 9J-5.0055, F.A.C., which relate to achieving and maintaining adopted levels of service for a 5-year period, and providing for rescission of anyand optional concurrency provisions by plan amendment, which is not subject to state review. 163.3180 (1)(a) (b) [New] Capital Improvement Element ; Appendix CI-1 77 Deletes requirement that professionally accepted techniques be used for measuring levels of service for 163.3180(1)(b) [Deleted] No Impact automobiles, bicycles, pedestrians, transit and trucks. 78 Deletes requirement that parks and recreation facilities to serve new development are in place or under 163.3180(2)(b) and (c) [Deleted] Capital Improvements Element actual construction no later than one year after issuance of a certificate of occupancy or its functional equivalent. 79 Deletes provisions addressing governmental entities and establishment of binding level of service stand- ards with respect to limiting the authority of any agency to recommend or make objections, recommen- dations, comments or determinations during reviews conducted under s .163.3184 163.3180(3) Capital Improvement Element 80 Deletes concurrency provisions specifically related to public transit facilities and urban infill and redevel- opment areas. 163.3180(4)(b) and (c) [Deleted] Policy CI-1.2.3 Appendix TR-1 81 Establishes concurrency provisions for transportation facilities, which include portions of repealed Rule 9J -5.0055, F.A.C. Sets forth requirements with respect to adopted level of service standards, including use of professionally accepted studies to evaluate levels of service, achieving and maintaining adopted levels of service standards, and including the projects needed to accomplish this in 5-year schedule of capital improvements. Requires coordination with adjacent local governments and setting forth the method to be used in calculating proportionate -share contribution. Defines the term "transportation deficiency." 163.3180(5)(a)-(h) [New] Policy CI-1.2.2.c) Appendix TR-1 "Transportation deficiency' Pro - cedural Appendix TR-1; Appen- dix CI-1; 82 See prior table entries for description of deleted provisions. 163.3180(6)-(13) [Deleted] No Impact 25 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 83 Sets forth concurrency provisions for public education, setting forth provisions for those local govern- ments that apply concurrency to public education. If a county and one or more municipalities that repre- sent at least 80 percent of the total conuntywide population have adopted school concurrency, the failure of one or more municipalities to adopt the concurrency and enter into the interlocal agreement does not preclude implementation of school concurrency within jurisdictions of the school district that have opted to implement concurrency. 163.3180(6)(a) [New] Inter -Local Agreement Policy EDU-1.2.1 Policy CI - 1.2.3Policy 84 Modifies school concurrency provisions to clarify that adoption and application of school concurrency is optional. 163.3180(6)(f)1 and 2 CI-1.2.2; Policy CI-1.2.3; Concur- rency Manage- ment Program 85 Modifies school concurrency provisions to remove requirement for financial feasibility and to require that facilities necessary to meet adopted levels of service during a 5-year period are meet adopted levels of service during a 5-year period are identified and consistent with the school board's educational facilities plan. 163.3180(d) Now: 163.3180(g) Obj.EDU-1.2; Obj CI-1.2 Cl/Concurrency Management// Public School Facilities Capital Improvement Element 86 Modifies school concurrency provisions to allow a landowner to proceed with development of a specific parcel of land proceed with development of a specific parcel of land notwithstanding a failure of the de- velopment to satisfy school concurrency if certain factors are shown to exist, including adequate facilities are provided for in the capital improvements element and school board's educational facilities plan, demonstration that facilities needs can be reasonably provided, and the local government and school board have provided a means by which proportionate share is assessed. 163.3180(h)1.a, b and c [New] Inter local Agreement Miami -Dade County Public Schools Facilities Work Program Obj. CI-1.3 87 See prior table entries for description of deleted provisions 163.3180(14)-(17) [Deleted] No Impact 88 Changes "transportation concurrency backlogs" to "transportation deficiencies" and makes related clarifi- cations. 163.3182 [Revised] Procedural 89 Changes "creation of transportation concurrency backlog authorities" to "creation of transportation de- velopment authorities" and makes related clarifications. 163.3182(2) [Revised] Procedural 90 Changes "powers of a transportation concurrency backlog authority" to "powers of a transportation de- velopment authority" and makes related clarifications. 163.3182(4) [Revised] Procedural 26 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 91 Modifies the definition of "in compliance" to include a reference to s. 163.3248 and delete the ref- erence to now repealed chapter 9J- 5, F.A.C. 163.3184(1)(b) [Revised] ocedurai 92 Provides a list of the "reviewing agencies." 163.3184(1)(c) [New] Procedural 93 Sets forth the "expedited" and "coordinated" review processes. 163.3184(2) [New] Procedural 94 Sets forth requirements for adopting and processing plan amendments according to the "expedited" and "coordinated" review processes, the scope of the comments to be provided by review agencies, responsibilities of the state land planning agency with respect to its various lev- els of review and coordination with other state agencies and public hearings. 163.3184(3) and (4) [New] Procedural 95 Sets forth requirements for administrative challenges to plans and plan amendments, compliance agreements and mediation and expeditious resolution. 163.3184(5)-(7) [New] Procedural 96 Modifies provisions to enable the administration commission to specify sanctions to which the local government will be subject if it elects to make a plan amendment effective notwithstanding a determination of noncompliance. 163.3184(11) Now: 163.3184(8) Procedural 97 Modifies provisions for public hearings to state there is no prohibition or limitation on the authority of local governments to require a person requesting an amendment to pay some or all of the cost of the public notice. 163.3184(15) Now: 163.3184(11) Procedural 98 Establishes provisions for concurrent zoning, requiring a local government, at the request of an applicant, to consider an application for zoning changes that would be required to properly enact any proposed plan amendment and making the approved zoning changes contingent upon the comprehensive plan or amendment becoming effective. 163.3184(12) [New] Procedural 99 Revises provisions to require that no proposed local government comprehensive plan or plan amendment that is applicable to a designated area of critical state concern shall be effective until a final order is issued finding the plan or amendment to be in compliance as defined in paragraph (1)(b). 163.3184(13) [New] 27 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 100 Modifies provisions to address the process for adoption of small- scale comprehensive plan amendments, deleting several exceptions. Plan amendments are no longer limited to two times per calendar year and text changes that relate directly to and are adopted simultaneously with small scale FLUM amendments are permissible. 163.3187(1)(a)-(f) Now: 163.3187(1) (a) (d) Procedurai 101 Modifies the public notice requirements for small scale plan amendments, addressing petitions, prohibiting the state land planning agency from intervening and requiring that consideration be given to the plan amendment as a whole and whether it furthers the intent of this part in all chal- lenges. 163.3187(1) 2.a&b,3,4 and (e)-(q) Now: 163.3187(2)- (5) Procedural 102 See prior table entries for description of deleted provisions. 163.3189 Now: Repealed No Impact 103 Modifies provisions for evaluation and appraisal of comprehensive plan. Maintains the requirement for local government evaluation of plan to occur at least once every 7 years. The local government is required to determine if amendments are necessary to reflect changes in state requirements (only) since the last update and to notify the state land planning agency by letter as to its determination. If needed, these amendments are to be prepared and transmitted within 1 year of this determination for review pursuant to 163.3184 (i.e., State Coordinated Review). Local governments are encouraged to comprehensively eval- uate and as necessary update plans to reflect changes in local conditions. If a local government fails to comprehensively evaluate and as necessary update plans to submit its notification letter to the state land planning agency or fails to update its plan to reflect changes in state requirements, then the local govern- ment is prohibited from amending its plan until it complies with these requirements. The state land plan- ning agency may not adopt rules to implement this section, other than procedural rules or a schedule indicating when local governments must comply with these requirements. 163.3191(1)-(14) Now: 163.3191(1)- (5) Procedural 104 Deletes the reference to s. 163.3187(1) and provisions regarding the frequency of adoption of plan amendments as they relate to adoption of a municipal overlay. 163.3217(2) Procedural 105 Changes "Local Government Comprehensive Planning and Land Development Regulation Act" to "Community Planning Act." 163.3220(3) Procedural 106 Changes "Local Government Comprehensive Planning and Land Development Regulation Act" to "Community Planning Act." 163.3221(2)&(11) Procedural 107 Revises the duration of a development agreement from 20 years to 30 years, unless it is extended by mu- tual consent, and deletes reference to s. 163.3187 and s.163.3189 regarding compliance determination by state land planning agency. 163.3229 Capital Improvements Element 28 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 108 Modifies provisions for periodic review of a development agreement to delete requirements for annual review conducted during years 6 through 10, incorporation of the review into a written report and the state land planning agency adoption of rules regarding the contents of the report. 163.3235 Procedurai 109 Deletes requirements that a copy of the recorded development agreement be submitted to the state land planning agency within 14 days after the agreement is recorded and for the effectiveness of the agree- ment based on receipt by the state land planning agency. 163.3239 Procedural 110 Changes "Optional Sector Plans" to "Sector Plans" and clarifies the intent to promote and encourage long-163.3245(1) term planning for conservation, development and agriculture on a landscape scale and protection of re- gionally significant resources, including regionally significant water courses and wildlife corridors. Revises regionally significant water courses and wildlife corridors. Revises the amount of geographic area intend- ed for sector plans from at least 5,000 acres to at least 15,000 acres and protection of public facilities. * 111 Deletes provisions for the state land planning agency entering into an agreement to authorize preparation of an optional sector plan, and consideration of the state comprehensive and strategic regional policy plans, and clarifies the process for scoping meetings and joint planning agreements. 163.3245(2) * 112 Modifies the provisions for two levels of sector planning, clarifying the requirements for the long term master plan and detailed specific area plan. These plans may be based upon a planning period longer than timeframe on which the local comprehensive plan is based and are not required to demonstrate need. The state land planning agency is required to consult with certain other agencies as part of its review of the plans. 163.3245(3) * 113 Requires consistency with any long-range transportation plan and regional water supply plans, including consideration of water supply availability and consumptive use permitting. 163.3245(4) [New] See Appendix PW-1; Water Supply Facilities Work Plan Up- date 2015 114 Requires the detailed specific area plan to establish a buildout date until which the approved develop- ment is not subject to downzoning, unit density reduction or intensity reduction, with certain exceptions. 163.3245(5)(d) [New] * 115 Establishes provisions for master development approval, pursuant to s. 380.06(21), for the entire planning area in order to establish a buildout date and describes the level of detail appropriate for review of the application. 163.3245(6) [New] * 116 Establishes provisions for a developer within an area subject to a long-term master plan or detailed spe- cific area plan to enter into a development agreement. 163.3245(7) [New] 29 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 117 Establishes provisions for landowner withdrawal of consent to the master plan relative to pro- posed and adopted amendments. 163.3245(8) [New] 118 Allows the right to continue, after adoption of a long-term master plan or a detailed specific area plan, existing agricultural or silvicultural uses or other natural resource -based operations or establishment of similar new uses that are consistent with plans approved pursuant to this section. 163.3245(9) [New] 119 Allows the state land planning agency to enter into an agreement with a local government that on or be- fore July 1, 2011 adopted a large -area comprehensive plan amendment consisting of at least 15,000 acres based on certain requirements. 163.3245(10) [New] 120 Addresses a detailed specific area plan to implement a conceptual long-term buildout overlay found in compliance before July 1, 2011. 163.3245(11) [New] 121 Provides for a landowner or developer that has received approval of a master DRI development order to implement this order by filing application(s) to approve the detailed specific area plan. 163.3245(12) [New] 122 Modifies provisions in the local government comprehensive planning certification program to allow small scale development amendments to follow the process in s. 163.3187. 163.3246(9)(a) 123 Deletes provisions in the local government comprehensive planning certification program that address the failure to adopt a timely evaluation and appraisal report and failure to adopt an timely evaluation and appraisal report and failure to adopt an evaluation and appraisal report found to be sufficient. 163.3246(12)* 124 Deletes the requirement that the Office of Program Policy Analysis and Government Accountability pre- pare a report evaluating the certification program. 163.3246(14) [Deleted] * 125 See prior table entries for description of repealed provisions. 163.32465 Now: Repealed No Impact 126 Establishes provisions for Rural Land Stewardship Areas, which were provided for as part of the innovative and flexible planning and development strategies in now repealed s. 163.3177(11). 163.3248 [New] * 127 Sets forth the intent of Rural Land Stewardship Areas 163.3248(1) [New] * 128 Establishes a process upon which local governments may adopt a future land use overlay, which may not require a demonstration of need based on population projections or any other factors. 163.3248(2) [New] * 30 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2011: [Chapter 2011-139, Laws of Florida] 129 Sets forth six broad principles of rural sustainability that rural land stewardship areas are to further. 163.3248(3) [New] 130 Provides for agency assistance and participation to local governments or property owners in development of a plan for rural land stewardship area. 163.3248(4) [New] 131 Requires that a rural land stewardship area not be less than 10,000 acres, is located outside of municipali- ties and established urban service areas and is designated by plan amendment by each local government with jurisdiction. 163.3248(5) [New] 132 Requires the plan amendment(s) designating a rural land stewardship area to be reviewed pursuant to s. 163.3184 and to meet certain requirements involving criteria for designating receiving areas, the applica- tion of innovative planning and development strategies, a process for implementing these strategies and a mix of densities and intensities that would not be characterized as urban sprawl. 163.3248(5)(a)-(d) [New] 133 Requires a receiving area to be designated only pursuant to procedures established in the local govern- ment's land development regulations. If approval of the designation by a county board of county commis- sioners is required, it is to be made by resolution with a simple majority vote. A listed species survey must be performed and coordinated with appropriate agencies if listed species occur on the re- ceiving area development site. Protective measures must be based on the rural land stewardship area as a whole. 163.3248(6) [New] 134 Sets forth requirements for establishing a rural land stewardship overlay zoning district and methodology for the creation, conveyance, and use of transferrable rural land use/stewardship credits. 163.3248(7) [New] 135 Sets forth limitations for creating, assigning and transferring stewardship credits based on underlying per- mitted uses, densities and intensities, and considerations for assigning credits based on the value and location of land and environmental resources. 163.3248(8)(a)-(k) [New] 136 Provides for incentives to owners of land within rural land stewardship sending areas, in addition to use or conveyance of credits, to enter into rural land stewardship agreements. 163.3248(9)(a)-(e) [New] 137 Expresses the intent of the section as an overlay of land use options that provide economic and regulatory incentives for landowners outside of established and planned urban service landowners areas. 163.3248(10) [New] 138 Expresses the intent of the Legislature that the rural land stewardship area in Collier County be recog- nized as a statutory rural land stewardship area and be afforded the incentives in this section. 163.3248(11)* [New] 139 Changes "Local Government Comprehensive Planning and Land Development Regulation Act" to "Community Planning Act." 163.360(2)(a) Procedural 140 Changes "Local Government Comprehensive Planning and Land Development Regulation Act" to "Community Planning Act." 163.516(3)(a) Procedural 31 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2012 [Chapters 2012-5, 2012-75, 2012-83, 2012-90, 2012-96 and 2012-99 Laws of Florida] 1 Rewords the definition of "farm" to the same meaning provided in s. 823.14 163.3162(2)(a) Procedural 2 Rewords the definition of farm operation to the same meaning provided in s. 823.14 163.3162(2)(b) Procedural 3 Adds a definition of "governmental entity/' which has the same meaning provided in s.164.1031. The term does not include a water control district or a special district created to manage water. 163.3162(2)(d) °rocedural 4 Changes "county" to "governmental entity" 163.3162(3)(b) Procedural 5 Changes "county" to "governmental entity" 163.3162(3)(c) Procedural 6 Changes "county" to "governmental entity" 163.3162(3)(c)3. Procedural 7 Changes "county" to "governmental entity" 163.3162(3)(c)3.(i) Procedural 8 Adds provisions related to agricultural enclaves 63.3162 Note 9 Provides that any local government charter provision that was in effect as of June 1, 2011 for an initiative or referendum process for development orders or comprehensive plan amendments may be retained and implemented 163.3167(8) Procedural 10 Changes the "preparation of the periodic reports" to "the periodic evaluation and appraisal of the com- prehensive plan" 163.3174(4)(b) EDU- MONITORING AND EVALUA- TION PROGRAM Future Land Use Ele- ment 11 Adds "advisory" to define the commanding officer's comments on the impact of proposed changes on military bases, and requires the comments to be based on appropriate data and analysis which must be provided to the local government with the comments 163.3175(5)* 12 Requires local governments to consider the commanding officer's comments in the same manner as com- ments from other reviewing agencies, and deletes the language that states the comments are not bind- ing. 163.3175(5)(d) 13 Adds language requiring the local government to consider the accompanying data and analysis provided by the commanding officer, in addition to the comments, and adds language stating that consideration shall be based on how the change relates to the strategic mission of the base, public safety and the eco- nomic vitality of the base while respecting private property rights 163.3175(6) 32 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2012 [Chapters 2012-5, 2012-75, 2012-83, 2012-90, 2012-96 and 2012-99 Laws of Florida] 14 Changes the "University of Florida's Bureau of Economic and Business Research" to the "Office of Eco- nomic and Demographic Research" and adds language stating that population projections must, at a mini- mum, reflect each area's proportional share of the total county population and the total county popula- tion growth 163.3177(1)(f)3. Procedural 15 Changes the "University of Florida's Bureau of Economic and Business Research" to the "Office of Eco- nomic and Demographic Research" 163.3177(6)(a)4. Procedural 16 Changes the requirement that future land use map amendments be based on an analysis of the minimum amount of land needed as determined by the local government, to instead be based on an analysis of the minimum amount of land needed to achieve the requirements of the statute 163.3177(6)(a)8.c. Future Land Use Ele- ment 17 Deletes the requirement that the housing element be based in part on an inventory taken from the latest Census 163.3177(6)(f)2. Housing Ele- ment - Not In- cluded 18 Moves the exemptions from having a public school interlocal agreement from s. 163.3180(6)(i) to s.163.31777(3) 163.31777(3) Procedural 19 Adds language requiring each local government exempt from having a public school interlocal agreement to assess at the time of evaluation and appraisal if the local government still meets the requirements for exemptions described in s. 163.31777(3). Each local government that is exempt must comply with the interlocal agreement provisions within one year of a new school within the municipality being proposed in the 5-year district facilities work program 163.31777(4) 20 Replaces "Department of Community Affairs" with "state land planning agency" and changes the Ian- guage that stated intermodal transportation facilities "shall" not be designated as developments of re- gional impact to "may" not be designated as developments of regional impact. 163.3178(3) Procedural 21 Deletes the provision that the Coastal Resources Interagency Management Committee shall identify in- centives to encourage local governments to adopt siting plans and uniform criteria and standards to be used by local governments to implement state goals related to marina siting 163.3178(6) Procedural 22 Adds language stating that an amendment that rescinds concurrency shall be processed under the expe- dited state review process, and is not required to be transmitted to reviewing agencies for comment, ex- cept for agencies that have requested transmittal, and for municipal amendments, it must be transmitted to the county. A copy of the adopted amendment shall be transmitted to the state land agency. If the amendment rescinds transportation or school concurrency, the adopted amendment must also be sent to the Department of Transportation or Department of Education, respectively. 163.3180(1)(a) Procedural 33 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2012 [Chapters 2012-5, 2012-75, 2012-83, 2012-90, 2012-96 and 2012-99 Laws of Florida] 23 Provides general rewording. Adds language to clarify that the choice of one or more municipality to not adopt school concurrency does not preclude implementation of school concurrency does not preclude implementation of school concurrency within other jurisdictions of the school district. 163.3180(6)(a) Procedural 24 Moved to s. 163.31777(3) 163.3180(6)(i) Procedural 25 Adds developments that are proposed under s. 380.06(24)(x) to the list of amendments that must follow the state coordinated review process. 163.3184(2)(c) Procedural 26 Added the word "working" to clarify the number of days a local government has to transmit an amend- ment 163.3184(3)(b)1. Procedural 27 Changed the time limit for the reviewing agencies' transmittal to 30 days "after" instead of "from" the date the amendment was received 163.3184(3)(b)2. Procedural 28 Added the word "working" to clarify the number of days a local government has to transmit an amend- ment 163.3184(3)(c)2. Procedural 29 Changes the time limit a local government has to transmit an amendment from "immediately following" the first public hearing to " within 10 working days after" the first public hearing 163.3184(4)(b) Procedural 30 Added the word "working" to clarify the number of days a local government has to transmit an amend- ment 163.3184(4)(e)2. Procedural 31 Corrects the citation related to plan amendment package completeness from (3)(c)3. To (4)(e)3. 163.3184(5)(b) Procedural 32 Changes the time limit by which the Administration Commission must enter into a final order from 45 days after the receipt of the recommended order to the time period specified in s. 120.569. 163.3184(5)(d) Procedural 33 Changes the time limit for the state land planning agency to submit a not in compliance recommended order to the Administration Commission from no later than 30 days after the receipt of the recommended order to the time period provided in s. 120.569 163.3184(5)(e)1. Procedural 34 Changes the time limit by which the state land planning agency must enter into an in compliance final order from 30 days after the receipt of the recommended order to the time period provided in s. 120.569 163.3184(5)(e)2. Procedural 34 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2012 [Chapters 2012-5, 2012-75, 2012-83, 2012-90, 2012-96 and 2012-99 Laws of Florida] 35 Changes the time period by which the state land planning agency must issue a cumulative notice of intent from "upon receipt of a plan or plan amendment adopted pursuant to a compliance agreement" to "within 20 days after receiving a complete plan or plan amendment adopted pursuant to a compliance agreement" 163.3184(6)(f) Procedural 36 Changes the statutory reference for the Florida Small Cities Community Development Block Grant pro- gram 163.3184(8)(b)1.a. Procedural 37 Changes "subsection" to "section" 163.3184(12) Procedural 38 Changes "in accordance with" to "pursuant to" and adds (4) to the 163.3184 citation. 163.3191(3) Procedural 39 Replaces "Department of Community Affairs" with "state land planning agency" and "this" Act to "the Community Planning Act" 163.3204 Procedural 40 Changes the citation that refers to the sanctions that can be the sole issue before the Administration Commission when land development regulations are inconsistent with the comprehensive plan from s. 163.3184(11)(a) or (b) to s. 163.3184(8)(a) or (b)1. or 2. 163.3213(6) Procedural 41 Changes the definition of state land planning agency to refer to the Department of Economic Opportunity instead of the Department of Community Affairs Procedural 42 Deletes the reference to s. 163.3177(11) 163.3245(1) Procedural 43 Deletes the requirement that the department provide an annual status report to the legislature regarding every optional sector plan. 163.3245(7) Procedural 44 Adds "or her" to "his consent to the master plan" 163.3245(9) Procedural 45 Replaces "Department of Community Affairs" with "state land planning agency" 163.3246(1) Procedural 46 Replaces "Secretary of Community Affairs" with "executive director of the state land planning agency" 163.3247(5)(a) Procedural 47 Replaces "Department of Community Affairs" with "state land planning agency" 163.3247(5)(b) Procedural 48 Removes the word "county" from "board of commissioners" 163.3248(6) Procedural 35 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 1 Re -numbers section 163.3162(3)(b)- (j) as 163.3162(3)©-(k) in order to accommodate new section 163.3162(3)(b) — see item 4 below. Section 163.2136 (3)(c)-(k) [re numbered] Procedural 2 Amends the definition of "governmental entity" in the provisions for agricultural lands and practices, clari-Section fying that in addition to not including a water control district established under chapter 298 or a special district created by special act for water management purposes, the term does not include a water man- agement district 163.3162 (2)(d) Procedural 3 Replaces "county" with "governmental entity." Section 163.3162 (3)(a) Procedural 4 Prohibits a governmental entity from charging a fee on a specific agricultural activity of a bona fide farm operation on land classified as agricultural land pursuant to section 193.461, if such agricultural activity is regulated through implemented best management practices, interim measures, or regulations adopted as rules under chapter 120 by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district as part of a statewide or regional program; or if such agricultural activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency. Section 163.3162 (3)(b) [New] 5 Clarifies the provisions for growth management that an initiative or referendum process in regard to any development order is prohibited. Removes language that allowed an initiative or referendum process by a local government charter in effect as of June 1, 2011 to be retained and implemented. Section 163.3167 (8)(a) [New] Procedural 6 Clarifies that an initiative or referendum process in regard to any local comprehensive plan amendment or map amendment is prohibited, except for those amendments that affect more than five parcels of land if it is expressly authorized by specific language in a local government charter that was lawful and in effect on June 1, 2011. A general local government charter provision for an initiative or referendum process is not sufficient Section 163.3167 (8)(b) [New] See Deleted Provision- 2014 No. 1 & 2 7 States the intent of the Legislature is to prohibit any initiative and referendum in regard to any develop- ment order, and prohibit any initiative and referendum in regard to any local comprehensive plan or map amendment except as specifically and narrowly permitted in paragraph (b). States these prohibitions are remedial in nature and apply retroactively to any initiative or referendum process commenced after June 1, 2011, clarifying that any such initiative or referendum process that has been commenced or completed thereafter is null and void and of no legal force and effect. Section 163.3167 (8)(c) [New] See Deleted Provision- 2014 No. 1 & 2 8 Revises and adds requirements for local governments that continue to implement a transportation con- currency system, whether in the form adopted into the comprehensive plan before the effective date of the Community Planning Act, Chapter 2011-139, Laws of Florida, or as subsequently modified. Section 163.3180 (5)(h)1 [New] Procedural 36 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 9 Adds "development agreement" in the listed land use development permits for which an applicant may satisfy transportation concurrency requirements of the local comprehensive plan, the local government's concurrency management system and section 380.06 when applicable, if conditions in subsequent sec- tions are met. Section 163.3180 (5)(h)1.c [New] Capital Improvements Element- Concurrency Management Program 10 Adds language allowing a local government to accept contributions from multiple applicants for a planned improvement if it maintains contributions in a separate account designated for that purpose. Section 163.3180 (5)(h)1.c.II [New] Capital Improvements Element- 11 Modifies language to require local governments that continue to implement a transportation concurrency "provide to the basis upon which the landowners will be assessed a proportionate share of the cost addressing the transportation impacts resulting from a proposed development". Section 163.3180 (5)(h)1.d [New] Obj CI-1.3 Policy CI-1.3.1.-CI- 1.3.6. 12 Clarifies that a local government is not required to approve a development that, for reasons other than transportation impacts, is not qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. Section 163.3180 (5)(h)3 [New] Capital Improvements Element- Concurrency Management Program 13 1)Sets forth new provisions for any local government that elects to repeal transportation concurrency. 2) Encourages adoption of alternative mobility funding system that uses one or more of the tools and techniques identified in subsection (f). 3) Clarifies that any alternative mobility funding system adopted may not be used to deny, time or phase an application for site plan approval, plat approval, final subdivision approval, building permits, or the functional equivalent of such approvals provided that the developer agrees to pay for the development's identified transportation impacts via the funding mechanism implemented by the local government. States that the revenue from the funding mechanism used in the alternative system must be used to im- plement the needs of the local government's plan which serves as the basis for the fee imposed. 4) Requires a mobility fee -based funding system to comply with the dual rational nexus test applicable to impact fees. An alternative system that is not mobility fee -based shall not be applied in a manner that imposes upon new development any responsibility for funding an existing transportation deficiency as defined in subsection (h). Section 163.3180 (5)(i) [New] Policy LU- 1.1.13.; Policy CI-1.2.2. (c); Transportation Element 14 Changes numerous references in the provisions for the local government comprehensive planning certifi- cation program from "department" to "state land planning agency." Section 163.3246 (1(4) (7(, (9)(a), (122) and (13) Procedural 15 Creates short title for sections 163.325-163.3253 as the "Manufacturing Competitiveness Act." Section 163.325 [New] Procedural 37 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 16 Creates six definitions as used in the provisions for manufacturing development in sections 163.3251- 163.3253: (1) "Department" means Department of Economic Opportunity; (2) "Local government development approval" means a local land development permit, order, or other approval issued by a local government, or a modification of such permit, order, or approval, which is required for a manufacturer to physically locate or expand and includes, but is not limited to, the review and approval of a master development plan required under section 163.3252(2)(c). (3) "Local manufacturing development program" means a program enacted by a local government for approval of master development plans under section 163.3252. (4) "Manufacturer" means a business that is classified in Sectors 31-33 of the National American Industry Classification System (NAICS) and is located, or intends to locate, within the geographic boundaries of an area designated by a local government as provided under section 163.3252. (5) "Participating agency" means: (a) The Department of Environmental Protection, (b) The Department of Transportation, (c) The Fish and Wildlife Conservation Commission, when acting pursuant to statu- tory authority granted by the Legislature and (d) Water management districts. (6) "State development approval" means a state or regional permit or other approval issued by a partici- pating agency, or a modification of such permit or approval, which must be obtained before the de- velopment or expansion of a manufacturer's site, and includes, but is not limited to, those specified in section163.3253(1). Section 163.3251 (1)—(6) [New] Procedural 17 Setting forth provisions for a local manufacturing development program and master development approv-Section for manufacturers, allows a local government to adopt an ordinance establishing a local manufacturing development program through which the local government may grant master development approval for the development or expansion of sites that are, or are proposed to be, operated by manufacturers at specified locations within the local government's geographic boundaries. 163.3252 [New]al Future Land Use Ele- ment 18 1)Requires a local government that elects to establish a local manufacturing development program to submit a copy of the ordinance establishing the program to DEO within 20 days after the ordinance is en- acted. 2) A local government ordinance adopted before the effective date of this act establishes a local manufac- turing development program if it satisfies the minimum criteria established in subsection (3) and if the local government submits a copy of the ordinance to DEO on or before September 1, 2013. Section 163.3252 (1)(a) and (b) [New] Procedural 19 Requires DEO to develop a model ordinance to guide local governments that intend to establish a local manufacturing development program by December 1, 2013. Requires the model ordinance, which need not be adopted by a local government, to include the elements set forth in sections 163.3252(2)(a)-(k). Section 163.3252 (2)[New] Procedural 20 Requires the model ordinance to include procedures for a manufacturer to apply for a master develop- ment plan and procedures for a local government to review and approve a master development plan. Section 163.3252 (2)(a) [New] Procedural 38 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 21 Requires the model ordinance to identify those areas within the local government's jurisdiction which are subject to the program. Section 163.3252 (2)(b) [New] Procedural 22 Requires the model ordinance to include the minimum elements for a master development plan, includ- ing but not limited to: (1) A site map (2) A list proposing the site's land uses (3) The maximum square footage, floor area ratio, and building heights for future development on the site, specifying with particularity those features and facilities for which the local government will re- quire the establishment of maximum dimensions, and (4) Development conditions Section 163.3252 (2)(c)1-4 [New] Procedural 23 Requires the model ordinance to include a list of development impacts, if applicable to the proposed site, which the local government will require to be addressed in a master development plan, including but not limited to: (1) Drainage (2) Wastewater (3) Potable water (4) Solid waste (5) Onsite and offsite natural resources (6) Preservation of historic and archeological resources (7) Offsite infrastructure (8) Public services (9) Compatibility with adjacent offsite land uses (10) Vehicular and pedestrian entrance to and exit from the site, and (11) Offsite transportation impacts Section 163.3252 (2)(d)1-11 [New] Procedural 24 Requires the model ordinance to include a provision vesting any existing development rights authorized by the local government before the approval of a master development plan, if requested by the manufac- turer. Section 163.3252 2 e[New] Procedural 25 Requires the model ordinance to include whether an expiration date is required for a master develop- ment plan and, if required, a provision stating that the expiration date may not be earlier than 10 years after the plan's adoption. Section 163.3252 (2)(f) [New] Procedural 39 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 26 Requires the model ordinance to include a provision limiting the circumstances that require an amend- ment to an approved master development plan to: (1) Enactment of state law or local ordinance address ing an immediate and direct threat to the public safety that requires an amendment to the master devel- opment order, and (2) Any revision to the master development plan initiated by the manufacturer. Section 163.3252 (2)(g)1 and 2 [New] Procedural 27 Requires the model ordinance to include a provision stating the scope of review for any amendment to a master development plan is limited to the amendment and does not subject any other provision of the approved master development plan to further review. Section 163.3252 (2)(h) [New] Procedural 28 Requires the model ordinance to include a provision stating that, during the term of a master develop- ment plan, the local government may not require additional local development approvals for those devel- opment impacts listed in paragraph (d) that are addressed in the master development plan, other than approval of a building permit to ensure compliance with the state building code and any other applicable state- mandated life and safety code. Section 163.3252 (2)(i) [New] Procedural 29 Requires the model ordinance to include a provision stating that, before commencing construction or site development work, the manufacturer must submit a certification, signed by a licensed architect, engineer, or landscape architect, attesting that such work complies with the master development plan. Section 163.3252 2 [New] Procedural 30 Requires the model ordinance to include a provision establishing the form that will be used by the local government to certify that a manufacturer is eligible to participate in the local manufacturing develop- ment program adopted by that jurisdiction. Section 163.3252 (2)(k) [New] Procedural 31 Requires a local manufacturing development program ordinance to as a minimum be consistent with sub- section (2) and establish procedures for (a) Reviewing an application from a manufacturer for approval of a master development plan, (b) Approving a master development plan, which may include conditions that address development impacts anticipated during the life of the development, (c) Developing the site in a manner consistent with the master development plan without requiring additional local development approvals other than building permits and (d) Certifying that a manufacturer is eligible to participate in the local manufacturing development program. Section 163.3252 3 a d [New] Procedural 32 1) Prohibits a local government that establishes a local manufacturing development program from abol- ishing the program until it has been in effect for at least 24 months. 2) Sets forth provisions for a local government's repealing its local manufacturing development program ordinance, stating that (1) Any application for a master development plan which is submitted to the local government before the effective date of the repeal is vested and remains subject to the local manufactur- ing development program ordinance in effect when the application was submitted; and (2) The manufac- turer that submitted the application is entitled to participate in the manufacturing development coordi- nated approval process established in section 163.3253. Section 163.3252 (4)(a) and (b)1 and 2 [New] Procedural 40 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 33 Creates provisions for a coordinated manufacturing development approval process, requiring DEO to co- ordinate the manufacturing development approval process with participating agencies, as set forth in this section, for manufacturers that are developing or expanding in a local government that has a local manu- facturing development program. Section 163.3253 [New] Procedural 34 Requires the approval process to include collaboration and coordination among, and simultaneous review by, the participating agencies of applications for: (a) Wetland or environmental resource permits, (b) Sur- face water management permits, (c) Stormwater permits, (d) Consumptive water use permits (e) Wastewater permits, (f) Air emission permits, (g) Permits relating to listed species, (h) Highway or road- way access permits and (i) Any other state development approval within the scope of a participating agency's authority. Section 163.3253 1 a i [New] Procedural 35 Requires a manufacturer to file its application for state development approval with DEO and each partici- pating agency with proof that its development or expansion is located in a local government that has a local manufacturing development program. If a local government repeals its local manufacturing develop- ment program ordinance, a manufacturer developing or expanding in that jurisdiction remains entitled to participate in the process if the manufacturer submitted its application for a local government develop- ment approval before the effective date of repeal. Section 163.3253 (2)(a) and (b) [New] Procedural 36 1)Requires DEO to convene a meeting with one or more participating agencies if a manufacturer requests one at any time during the process and that the participating agencies attend. 2) Allows DEO to participate as necessary to accomplish the purposes set forth in section 20.60(4)(f), does not require the department to mediate between the participating agencies and the manufacturer. Section 163.3253 (3)(a) [New] Procedural 37 Prohibits DEO from being a party to any proceeding initiated under sections 120.569 and 120.57 that re- lates to approval or disapproval of an application for state development approval processed under this section. Section 163.3253 (3)(b) [New] Procedural 38 Prohibits DEO's participation in a coordinated manufacturing development approval process under this section from having any effect on its approval or disapproval of any application for economic develop- ment incentives sought under section 288.061 or another incentive requiring DEO approval. Section 163.3253 (3)(c) [New] Procedural 39 1)Requires if a participating agency determines an application is incomplete that the participating agency notifies the applicant and DEO in writing of the additional information necessary to complete the applica- tion. 2) Requires, unless the deadline is waived in writing by the manufacturer, a participating agency to pro- vide a request for additional information to the manufacturer and DEO within 20 days after the date the application is filed with the participating agency. Section 163.3253 (4)(a) [New] Procedural 41 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 40 If the participating agency does not request additional information within the 20-day period, the partici- pating agency may not subsequently deny the application based on the manufacturer's failure to provide additional information. Section 163.3253 (4)(b) [New] Procedural 41 Within 10 days after the manufacturer's response to the request for additional information, a partici- pating agency may make a second request for additional information for the sole purpose of obtaining clarification of the manufacturer's response. Section 163.3253 (4)(c) [New] Procedural 42 Requires, unless the deadline is waived in writing by the manufacturer, each participating agency to take final agency action on a state development approval within its authority within 60 days after a complete application is filed. The 60-day period is tolled by the initiation of a proceeding under sections 120.569 and 120.57. Section 163.3253 (5)(a) [New] Procedural 43 Requires a participating agency to notify DEO if the agency intends to deny a manufacturers application and, unless waived in writing by the manufacturer, the department shall timely convene an informal meeting to facilitate a resolution. Section 163.3253 (5)(b) [New] Procedural 44 Unless waived in writing by the manufacturer, if a participating agency does not approve or deny an appli- cation within the 60-day period, within the time allowed by a federally delegated permitting program, or, if a proceeding is initiated under sections 120.569 and 120.57, within 45 days after a recommended order is submitted to the agency and the parties, the state development approval within the authority of the participating agency is deemed approved. A manufacturer seeking to claim approval by default under this subsection shall notify, in writing, the clerks of both the participating agency and DEO of that intent. A manufacturer may not take action based upon the default approval until such notice is received by both agency clerks. Section 163.3253 5 c[New] Procedural 45 Allows the manufacturer at any time after a proceeding is initiated under sections 120.569 and 120.57 to demand expeditious resolution by serving notice on an administrative law judge and all other parties to the proceeding. The administrative law judge is required to set the matter for final hearing no more than 30 days after receipt of such notice. After the final hearing is set, a continuance may not be granted with- out the written agreement of all parties. Section 163.3253 (5)(d) [New] Procedural 46 Provides that subsections (4) and (5) do not apply to permit applications governed by federally delegated or approved permitting programs to the extent that subsections (4) and (5) impose timeframes or other requirements that are prohibited by or inconsistent with such federally delegated or approved permitting programs. Section 163.3253 (6) [New] Procedural 47 Allows the state land planning agency to adopt rules to administer section 163.3253. Section 163.3253 (7) [New] Procedural 42 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2013 [Chapters 2013-15, 2013-78, 2013-115, 2013-213, 2013-224 and 2013-239, Laws of Florida] 48 Revises the definitions to replace a reference to section 165.031(5) in the definition of "public body" to section 165.031(7). Section 163.340(2) Procedural 49 Repeals section 4 of Chapter 2012-75, Laws of Florida, which had established an alternate method for certain landowners to apply to DEO for an agricultural enclave designation. The right to apply for ag en- clave designation under the alternate method expired on January 1, 2013. Note to Section 163.3162 (2012 version of statute) 43 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2014 [Chapters 2014-93, 2014-178, 2014-218, Laws of Florida] 1 Deletes the provision that an initiative or referendum in regards to a comprehensive plan amendment or map amendment is only allowed if it affects more than five parcels of land. 163.3167(8)(b) Procedural 2 Deletes the provision that an initiative or referendum in regards to a comprehensive plan amendment or map amendment is only allowed if it affects more than five parcels of land. 163.3167(8)(c) Procedural 3 Changes "rural areas of critical economic concern" to "rural areas of opportunity" 163.3177(7)(a)2. Procedural 4 Changes "rural area of critical economic concern" to "rural area of opportunity" 163.3177(7)(a)3.b Procedural 5 Provides general re -wording and changes "rural area of critical economic concern" to "rural area of opportunity" 163.3177(7)(e) Procedural 6 Changes "rural area of critical economic concern" to "rural area of opportunity" 163.3187(3) Procedural 7 Requires that local governments must adopt, amend, and enforce land development regulations that are consistent with and implement the comprehensive plan within one year after submission of the compre- hensive plan or amended comprehensive plan pursuant to section 163.3191, Florida Statutes (evaluation and appraisal process), instead of section 163.3167(2), Florida Statutes (requirement that each local gov- ernment maintain a comprehensive plan). 163.3202(1) Future Land Use Ele- ment 8 Provides legislative intent related to the importance of fuel terminals. 163.3206(1) [New] Procedural 9 Provides a definition of fuel with cross references 163.3206(2)(a)1.-9. [New] Procedural 10 Provides a definition of fuel terminal 163.3206(2)(b) [New] Procedural 11 Provides that after July 1, 2014, a local government may not amend its comprehensive plan, land use map, zoning districts, or land use regulations to conflict with a fuel terminal's classification as a permitted and allowable use, including an amendment that causes a fuel terminal to be a nonconforming use, struc- ture, or development. 163.3206(3) [New]* 44 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2014 [Chapters 2014-93, 2014-178, 2014-218, Laws of Flor da] 12 Provides that if a fuel terminal is damaged or destroyed due to a natural disaster or other catastrophe, a local government must allow the timely repair of the fuel terminal to its capacity before the natural disas- ter or catastrophe. 163.3206(4) [New]* 13 Provides that the section does not limit the authority of a local government to adopt, implement, modify, and enforce applicable state and federal requirements for fuel terminals, including safety and building standards. Local authority may not conflict with federal or state safety and security requirements. 163.3206(5) [New] * 14 Changes "rural area of critical economic concern" to "rural area of opportunity" 163.3246(10) Procedural 45 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2015 [Chapter 2015-30, Sections 1-6, Laws of Florida, Effective May 15, 2015; Chapter 2015-69, Section 1, Laws of Florida, Effective July 1, 2015] 1 Adds requirements for the redevelopment component of the Coastal Management Element to: 1) Reduce the flood risk in coastal areas that result from high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. 2) Remove coastal real property from FEMA flood zone designations. 3) Be consistent with or more stringent than the flood resistant construction requirements in the Florida Building Code and federal flood plain management regulations. 4) Require construction seaward of the coastal construction control line to be consistent with chapter 161, Florida Statutes. 5) Encourage local governments to participate in the National Flood Insurance Program Communi- ty Rating System to achieve flood insurance premium discounts for their residents. 163.3178 Coastal Management Ele- ment WSFWPU 2015 Objective LU-1.8 and related Policies; Objec- five CM-1.2., Objective CM- 1.3., Objective CM-1.4. and related Policies; Policy CM-1.4.2. Coastal Management Element 2 Deletes obsolete provisions establishing 2012 deadlines for a local government to adopt plan amendments related to military base compatibility. - 163.3175(9) Com* patibility of Devel- opment with Mili- tary Installations 3 1) Provides that a local government that does not own, operate, or maintain its own water supply facili- ties and is served by a public water utility with a permitted allocation of greater than 300 million gal- Ions per day is not required to amend its comprehensive plan in response to an updated regional wa- ter supply plan or maintain a work plan if the local government's usage of water is less than 1 percent of the public water utility's total permitted allocation. 2) The local government must cooperate with any local government or utility provider that provides service within its jurisdiction. 3) The local government must keep the element up to date in accordance with section 163.3191 (evaluation and appraisal). 163.3177(6)(04 Sanitary Sewer, Solid Waste, Drain- age, Potable Wa- ter, Natural Ground Water Aquafer Recharge Element WSFWPU 2015 Appendix PW-1. Future Land Use Ele- ment; Intergovernmental Co - ordination Element 4 The list of plan amendments subject to the coordinated state review process is expanded to include plan amendments that propose an amendment to an adopted sector plan and plan amendments that propose a development that qualifies as a development of regional impact pursuant to section 380.06, Florida Statutes. 163.3184(2) Com- prehensive Plan/ Plan Amendment Procedures Procedural 46 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2015 [Chapter 2015-30, Sections 1-6, Laws of Florida, Effective May 15, 2015; Chapter 2015-69, Section 1, Laws of Florida, Effective July 1, 2015] 5 1) For both the long term master plan and detailed specific area plans, provisions in the Community Planning Act that are inconsistent with or are superseded by the planning standards in sections 163.3245(3)(a) and (b) do not apply. 2) 2) Conservation easements may be based on digital orthophotography that meets certain criteria. 3) 3) A conservation easement may include a provision for the grantor to substitute other land that meets certain criteria by recording an amendment to the conservation easement; substitution re- quires the consent of the grantee, which consent shall not be unreasonably withheld (sections 163.3245(3) (b)7. and 9.). 4) 4) An applicant for a detailed specific area plan must transmit a copy of the application to reviewing agencies, which must provide written comments to the local government within 30 days after the applicant transmits the application (section 163.3245(3)(f)). 5) 5) Authorizes the Department of Environmental Protection, the Fish and Wildlife Conservation Com- mission, or the water management district to accept a conservation easement provided for a detailed specific area plan as mitigation under chapters 373 and 379 and section 373.414, Florida Statutes (section 163.3245(3) (h)). 6) 6) Clarifies that adoption of a long term master plan or a detailed specific area plan does not limit the right to establish new agricultural or silvicultural uses in the sector plan or detailed specific area plan area (section 163.3245(9)). 7) 7) An applicant with an approved master development order may request that the water manage- ment district issue a consumptive use permit for the same time period as the approved master devel- opment order (section 163.3245(13)). 8) 8) The more specific provisions of this section supersede the generally applicable provisions of this chapter which otherwise would apply. 9) 9) This section does not preclude a local government from requiring data and analysis beyond the minimum criteria established by this section (section 163.3245(15)). 163.3245 Sector Plans Procedural 47 Changes to Chapter 163, F.S. Chapter 163, F.S. Citations N/A* Addressed (Where/How) Amendment Needed By Element 2015 [Chapter 2015-30, Sections 1-6, Laws of Florida, Effective May 15, 2015; Chapter 2015-69, Section 1, Laws of Florida, Effective July 1, 2015] 6 1) Deletes requirements for notice to and coordination by regional planning councils in connection with developments of regional impact within a certified local government. 2) Creates a connected city corridor plan amendment pilot program. 163.3246(11) and* (14) Local Govern- ment Comprehen- sive Planning 3) Expresses legislative intent to encourage growth of high technology industry and innovation through a locally controlled comprehensive plan amendment process. Certification Pro- gram— Connected - City Corridor Pilot 4) Establishes Pasco County as a pilot community for connected city corridor plan amendments for a period of 10 years. Program 5) Requires the state land planning agency to issue a written notice of certification to Pasco County by July 15, 2015 that includes the geographic boundary of the connected city corridor and a requirement for annual or biennial monitoring reports. 6) Provides that the notice of certification is subject to challenge under section 120.569. 7) Establishes criteria for connected city corridor plan amendments. 8) Provides that except for site specific access management requirements, development in the certifica- tion area is deemed to satisfy concurrency if the County adopts a long term transportation network plan and financial feasibility plan. 9) Provides an exemption from development of regional impact review. 10) Requires that the Office of Program Policy Analysis and Government Accountability provide a report and recommendations for implementing a statewide program to the Governor, President of the Sen- ate, and Speaker of the House by December 1, 2024. 7 Deletes regional planning councils as entities that provide assistance and participate in developing a plan for the rural land stewardship area. 163.3248(4) Rural Land Stewardships 48 Attachment E: Non -Transportation Element Amendments to the MCNP FILE ID 1034 - CITY OF MIAMI - COMMISSION, SECOND READING Future Land Use Element Policy LU-1.1.10: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and Metromover stations.(See Transportation Policy TR 1.5.2 TR-2.1.3 and Housing Policy HO-1.1.9.) Policy LU-1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation (See Policy TR-1.1.1.). Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person Trip Methodology as set forth in Obiective TR-1.7. and related Policies Policies TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP as well as Appendix TR-1. Policy LU-1.1.15: [Reserved] Policy LU-1.1.16: [Reserved] Policy LU-1.1.17: The City will integrate the existing and planned multi -modal transportation systems with existing and future developments. (See Objective TR-2.1) Policy LU-1.1.18: [Reserved] Policy LU-1.1.19: The City will encourage the incorporation of transit facilities within private development to integrate access to alternative modes with direct access and synergies within new mixed use developments. This includes the co -location of transit stations and public common areas of private developments. (See Policy TR- 2.1.4.) Housing Element Policy HO-1.1.9: The City's land development regulations will encourage high -density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Land Use Policy LU-1.1.10 and Transportation Policy TR 1.5.2.2.1.3.) Parks, Recreation and Open Space Element Policy PA-3.2.1: The City shall through the Transportation Element of the comprehensive plan, encourage the coordination of the intermodal surface and water transportation access service to the Port of Miami River Working Waterfront (See Objective TR 1.9, Policy TR 1.9.1 Policy .TR-2.2.12. and Policy IC-2.1.30.). Capital Improvements Element Policy CI-1.2.2(c): Transportation facilities shall be in place and available to serve new development or redevelopment no later than three (3) years after the issuance of a building permit or its functional equivalent that results in traffic generation, consistent with the provisions of Obiective TR-1.7 & related Policies and Policy TR-1.3.3 Policy TR 1.1.1, TR 1.1.2 and TR 1.1.3. If the funds in the CIE are insufficient to fully fund the transportation facility improvement required, the City may enter into a binding proportionate -share agreement sufficient to mitigate the impacts by paying for one or more improvements which will significantly benefit the impacted transportation system, which improvements shall be adopted into the 5 year capital improvements schedule at the next annual CIE update. Policy CI-1.2.3(0: Traffic Circulation The minimum level of service standard on limited access, arterial, and collector roadways that are not within designated Transportation Corridors is the peak period LOS E, with allowable exceptions and justifications with LOS measured by conventional methodology pursuant to for the peak period (which is the average of the two highest consecutive hours of trip volume during a weekday). Within designated Transportation Corridors, which include approximately 95% of the roadway methodology is based on the peak period person trips wherein the capacities of all modes, including maso transit, are used in calculating the LOS. An overall minimum peak period LOS standard of E (100 percent utilization of person trip capacity) will be maintained on Transportation Corridors. Specific levels of service by location and mode are set out in Policies TR 1.1.2 (addressing transportation corridors) and TR 1.1.3 (addressing FIRS facilities) from the Transportation Element of the MCNP. The City will utilize a tiered LOS analysis when reviewing traffic impacts for new developments whereby the Person -Trip LOS methodology will only be applied within areas identified as a Center (as depicted on Map TR-14.2 within Appendix TR-1, the Data Inventory and Analysis) while the traditional automobile LOS methodology will be applied to all other areas within the City. Both methodologies are then expressed as a ratio corresponding to letter grades LOS A through LOS F based on the volume -to -capacity ratio in the same manner as used by the traditional LOS methodology. Issuance of development orders for new development or siqnificant expansion of existing development will be contingent upon the development of an approved mitigation plan for an area at LOS E (100 percent of capacity) standard or beyond within centers, transit corridors, and all other areas. The City will require a generalized Traffic Statement documenting the trip generation and site access for developments and redevelopments that generate a minimum of 20 new peak hour trips. A detailed Traffic and Neighborhood Impact Analysis will be required for developments and redevelopments that generate more than 20 new peak hour trips. Determination of the number of new peak hour trips projected to result from the development will be calculated according to the latest version of the ITE Trip Generation Manual. (See Policy TR-1.3.3. and Obiective TR-1.7. & related Policies for additional information). The City has adopted FDOT's minimum LOS targets for Florida Intrastate Highway System (FINS) roadways. (See Objective TR-1.6.) Intergovernmental Coordination Element Policy IC-2.1.4: The City will continue to utilize and coordinate with FDOT's South Florida Commuter Services (SFCS) program to establish and implement transportation demand management strategies for all future and existing employers with more than 50 employees. The City will lead by example in developing transportation demand management strategies for City employees. (See Policy TR-1.5.3.) Policy IC-2.1.5: The City will assist Miami -Dade County in developing the premium transit projects identified in the MPO's Long Range Transportation Plan (LRTP) within the City limits. The City will utilize land development regulations and other incentives to help direct development where it will best support existing and planned transit services. (See Policy TR-2.1.2.) Policy IC-2.1.6: The City will coordinate with Miami -Dade County to implement resiliency policies to mitigate and protect vulnerable roadways and critical evacuation routes (illustrated in Maps TR-15 and TR-11 within Appendix TR-1, the Data Inventory and Analysis section respectively) within the City. (See Policy TR-2.2.11.) Policy IC-2.1.7: The City will coordinate with Miami -Dade County's SMART Plan, which specifically aims to provide premium transit service along roadways in the City including Biscayne Boulevard and West Flagler Street. (See TR- 2.4.1.) Policy IC-2.1.8 To improve regional mobility, the City will regularly coordinate with, but not limited to, Miami - Dade County, FDOT, MPO, South Florida Regional Transportation Authority (SFRTA), the Port of Miami, the Miami River Commission, the Miami International Airport and other public agencies to ensure that future improvements to the transportation network within the City from these agencies' are consistent with the goals, obiectives, and policies of the City of Miami's MCNP. (See Policy TR-2.4.2.) Policy IC-2.1.9: The City will continue to coordinate with SFRTA, FDOT, Miami -Dade County, and other local agencies to support and develop plans to implement the FEC Coastal Link Commuter Rail. (See TR-2.4.5.) ATTACHMENT F EAR -Based Amendments, Policies with Measurable Indicators: Transportation Element Policy TR-1.2.5: The City will update the map on an annual basis to be scheduled by the City of Miami depicting the location of existing and planned future major parking facilities (200 or more parking spots), which will also be available for public use through the City of Miami website. Map TR-3 within Appendix TR-1, the Data Inventory and Analysis section of this element illustrates the existing parking facilities (200 or more parking spots) within the City. Policy TR-1.2.8: By the end of 2020, the City will develop a citywide transportation master plan that prioritizes projects based on the needs to improve mobility, reduce congestion, promote public transit, and support economic development and will be updated concurrently with future updates to the Transportation Element of the MCNP. (See Policy TR-2.1.8.) Policy TR-2.1.8: The Transportation Element will be updated, at a minimum, every five years and will utilize a long range planning horizon of a minimum of 20 years in order to achieve the maximum consistency with the MPO's LRTP. (200818) Policy TR-2.2.5: By December 2020, the City will seek to study and determine the feasibility of establishing a mobility impact fee that would be collected to fund or supplement the cost of transportation system improvements including potential investments in the ex.ansion of the Miami Trolley, complete streets improvements, enhanced bicycle and pedestrian facilities, water taxi services, Light Rail/Streetcar plans, and other transportation improvements identified in future plans. (See Policy TR-2.1.5.) (2013113) Policy TR-2.2.8: The City will regularly monitor transportation trends on an annual basis using indicators such as transit ridership, jobs/housing balance, mode split, and motor vehicle registrations. Policy TR-2.3.1: Rai Dcccmbcr 2020, +The City will dcvclap encouraae a balanced streetscape design program that accommodates all roadway users and pays special attention to non - vehicular modes by focusing on landscaping treatments, pedestrian -scaled lighting, and the construction of sidewalks and bicycle paths along city streets. These improvements will be coordinated with major repairs, roadway resurfacing, and other renovations when possible. (See Policy TR-2.1.4) Policy TR-2.4.6: The City will coordinate its transportation planning activities with the annual update to the MPO's Five -Year Transportation Improvement Proqram (TIP) and their LRTP update. (See Policy IC-2.1.10.) (2007/2) ATTACHMENT F Policy TR-2.4.9: The City will publish an annual list compiling the programmed transit -related improvements from MDT's Transit Development Plan (TDP) and the MPO's LRTP and TIP that are within the City and will include this information on the City's website. Policy TR-2.5.5: The City will coordinate annually with Miami -Dade County on improving the efficiency of its public bus transit system, including new service and the expansion of neighborhood -based local circulator services to promote alternative travel modes within the TCEA. (See Policy IC-2.1.27.) (2005/6) Policy TR-2.8.8: By December 2020, the City will develop a modal hierarchy for all street classifications within the City that prioritizes the use by pedestrians, bicyclists, transit riders, and motorists. This modal hierarchy will be used to determine the types of Complete Streets accommodations that will be provided within each street classification. Policy TR-2.9.1: The City will continue to support the implementation of the Underline, the Ludlam Trail, and other `green corridors', which aim to improve the local bicycle network with enhanced amenities that encourage a more active, healthy lifestyle and the use of alternative modes of transportation. (2011153) ATTACHMENT G: TASKS AND RESPONSIBILITIES Transportation Element: List of Measurable Policies and Departmental Responsibilities Element Task Department Completion Date Policy Transportation By the end of 2016, develop a citywide transportation master plan CIP/T December 2020 New Policy TR-1.2.8: By the end of 2020, the City will develop a citywide transportation master plan that prioritizes projects based on the needs to improve mobility, reduce congestion, promote public transit, and support economic development and will be updated concurrently with future updates to the Transportation Element of the MCNP. (See Policy TR- 2.1.8.) Transportation By December 2020, the City will seek to study and determine the feasibility of establishing a mobility impact fee CIP/T December 2020 Policy TR-2.2.5: By December 2020, the City will seek to study and determine the feasibility of establishing a mobility impact fee that would be collected to fund or supplement the cost of transportation system improvements including potential investments in the expansion of the Miami Trolley, complete streets improvements, enhanced bicycle and pedestrian facilities, water taxi services, Light Rail/Streetcar plans, and other transportation improvements identified in future plans. (See Policy TR-2.1.5.) Transportation Monitor transportation trends on an annual basis CIP/T December 2018 Policy TR-2.2.8: The City will regularly monitor transportation trends on an annual basis using indicators such as transit ridership, jobs/housing balance, mode split, and motor vehicle registrations. Transportation Annual update to the MPO's Five -Year Transportation Improvement Program (TIP) and its LRTP update CIP/T December 2018 Policy TR-2.4.6: The City will coordinate its transportation planning activities with the annual update to the MPO's Five -Year Transportation Improvement Program (TIP) and their LRTP update. (See Policy IC-2.1.10.) Transportation Publish an annual list compiling the programmed transit - related improvements from MDT's TDP and the MPO's LRTP and TIP that are within the City ad will include this information on the City's website. CIP/T December 2018 Policy TR-2.4.9: The City will publish an annual list compiling the programmed transit -related improvements from MDT's Transit Development Plan (TDP) and the MPO's LRTP and TIP that are within the City and will include this information on the City's website. Transportation Annually coordinate with Miami -Dade County on improving the efficiency of its public bus transit system. CIP/T December 2018 Policy TR-2.5.5: The City will coordinate annually with Miami -Dade County on improving the efficiency of its public bus transit system, including new service and the expansion of neighborhood -based local circulator services to promote alternative travel modes within the TCEA. (See Policy IC-2.1.27.) Transportation By December 2020, develop a modal hierarchy for all street classifications within the City. CIP/T December 2020 Policy TR-2.8.8: By December 2020, the City will develop a modal hierarchy for all street classifications within the City that prioritizes the use by pedestrians, bicyclists, transit riders, and motorists. This modal hierarchy will be used to determine the types of Complete Streets accommodations that will be provided within each street classification. Transportation Update the Bicycle Master Plan every five years. CIP/T December 2022 Policy TR-2.9.11: The City will, in coordination with the MPO, FDOT, and Miami -Dade County, update the Bicycle Master Plan every five years to ensure consistency with the LRTP.