5/25/1993 - Laserfiche WebLink

Home Browse Search

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