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5/25/1993
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5/25/1993
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
05/25/1993
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Approval Alternative <br />In 1992s, the Florida Legislature amended Chapter 163 Part II <br />(County and Municipal Planning and Land Development Regulation) of <br />the Florida Statues to provide an alternative means for local <br />governments to adopt amendments to their comprehensive plan. This <br />alternative adoption measure was established to allow local <br />governments the opportunity to protect themselves from being <br />penalized by adopting comprehensive. plan amendments subsequently <br />found not in compliance by the state. <br />Under the regular procedure, a comprehensive plan amendment becomes <br />effective when a local government adopts the amendment. Even <br />though the state Department of Community Affairs has forty-five <br />days from plan adoption to issue a compliance determination, an <br />applicant can apply for and obtain a development permit immediately <br />after local government approval of a plan amendment request. That <br />situation could cause a problem for local governments in that once <br />an applicant obtains a development order and makes expenditures <br />based upon that development order, his project usually becomes <br />vested. When a project is vested, the project developer has the <br />legal right to proceed with development, and the project can be <br />stopped by a local government only if that local government <br />compensates the developer for damages. <br />In cases where a comprehensive plan amendment is found not in <br />compliance by DCA, the local government approving the amendment <br />faces various financial penalties if DCA's decision is subsequently <br />upheld by the Administration Commission. To avoid those penalties, <br />local governments often enter into compliance agreements with DCA, <br />whereby the non-compliant amendment is modified to make it <br />.acceptable. If, however, an applicant has obtained a development <br />order and started construction on property which was the subject of <br />a plan amendment found not in compliance, the approving local <br />government may be unable to enter into a compliance agreement <br />without terminating the site's development approval and incurring <br />significant costs for damages. <br />To address that issue, the legislature, in 1992, amended Section <br />163.3189, F.S. to allow local governments to adopt plan amendments <br />that would not become effective until DCA has issued a final order <br />finding the amendment in compliance. This, however, is an <br />alternative process, and it is at the discretion of a local <br />government as to whether to adopt a plan amendment by the regular <br />method or by the alternative. <br />If the Board adopts the amendment, both planning staff and the <br />county attorney's staff recommend that the Board use the <br />alternative procedure. By doing, so, the Board would delay the <br />issuance of any development order request for the subject property <br />until DCA or the Administration Commission has issued a positive <br />compliance determination for the subject amendment; however, the <br />County's interest will be protected and its potential liability <br />reduced. <br />Conclusion <br />The requested land use amendment will have no adverse impacts on <br />public facilities or environmental quality and is consistent with <br />the goals, objectives, and policies of the comprehensive plan. If <br />zoned OCR, the county's Land Development Regulations will ensure <br />that commercial development of the subject property will be <br />compatible with surrounding areas. Finally, it is staff's position <br />that the subject site is appropriate for the C/I land use <br />designation and will not constitute strip commercial development. <br />For these reasons staff supports the request. <br />29 <br />MAY 2 51993 BOOK 89 NKA -630 <br />
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