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11/10/1998
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11/10/1998
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
11/10/1998
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New Future Land Use Element Policy 1.41 has two parts. The first part of this policy establishes <br />that the Board of County Commissioners may rezone land to a zoning district other than the most <br />intense allowed by the site's land use designation, while the second part sets criteria to be used in <br />establishing zoning districts. In that way, the amendment gives the Board additional flexibility <br />regarding zoning decisions, without being arbitrary. <br />New Future Land Use Element Policy 14.5 involves small scale plan amendments. According to <br />state law, future land use amendment requests that meet certain requirements are eligible for a <br />streamlined future land use amendment process. That process is known as the small scale <br />amendment process. Small scale plan amendments are deemed to have fewer impacts than typical <br />plan amendments and, therefore, are eligible for the streamlined adoption process. In contrast to <br />typical plan amendments which require review and approval by DCA, local governments may adopt <br />small scale plan amendments without review or approval by DCA. <br />Section 163.3187(1)(c), FS, sets the following criteria for small scale amendments: <br />1. The proposed amendment involves 10 or fewer acres; <br />2. The cumulative effect of the acreage for all small scale amendments in the jurisdiction does <br />not exceed 80 acres in a calendar year, <br />3. The proposed amendment does not involve the same property granted a land use designation <br />change within the prior 12 months; <br />4. The proposed amendment does not involve the same owner's property within 200 feet of <br />property granted a land use designation change within the prior 12 months; <br />5. The proposed amendment does not involve a change to the comprehensive plan's text; <br />6. The subject property is not within an area of critical state concern; and <br />7. The proposed amendment does not involve increasing residential density above 10 units/acre. <br />Besides being exempt from DCA review, small scale amendments are also exempt from the state's <br />statutory limitations on the frequency of adopting comprehensive plan amendments. For example, <br />although the number of typical plan amendments that a local government may consider is not <br />limited, the frequency with which local governments can amend their comprehensive plan is <br />regulated by state law. According to Florida Statutes, typical plan amendments are limited to twice <br />per calendar year. For that reason, the county accepts typical plan amendment applications only <br />during the two `window" months of January and July. All requests submitted during each window <br />month are processed simultaneously. That method ensures that typical plan amendments will be <br />adopted no more than twice per calendar year. <br />State law, however, provides several exceptions to the twice per calendar year limitation. One of <br />those exceptions is for small scale plan amendments. Consequently, a local government may adopt <br />small scale amendments without regard for the twice per calendar year limitation. <br />The proposed amendment sets additional measurable criteria for the use of the small scale plan <br />amendment process. Adopting the additional criteria will work to prevent the use of the small scale <br />plan amendment process to circumvent the typical plan amendment process for requests that warrant <br />substantial public or reviewing agency input. <br />November 10, 1998 <br />43 <br />BOOK 107 NOE'-� '' <br />
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