CP - COMBO, elements + amends Flashcards
CP Elements
CP ----------- It's Elementary you can Properly Sea SLIC SHIT ----------- Property Rights (New 2021) Sea level rise, high tide Open & Recreation Spaces Future Land Use Cap Improvements Conservation Sewer Housing ICE Traffic
CP’s Capital Improvement Element covers how many years?
Covers 5 years.
Review annually.
Concurrency - MANDATORY inclusions
It’s Mandatory the Current of the Water is Safe.
- Water (W, WW & Drainage) + Safety (police, fire, ems, health)
- State mandates for transp + schools.
- Level of Service Stds.
Concurrency - OPTIONAL inclusions
Transp, mass transit, parks + schools
CP covers how many years?
20 years
CP’s Property Rights Element (New 2021) - WHEN
CP ----------- Earlier of: 1. Next CP Amendment after 7/1/21 Or 2. Date of next scheduled eval & appraisal of CP pursuant to 163.3191.
CP’s Property Rights Element (New 2021) -
What 4 things must be included?
We all have to Adopt & Dispose a PUP.
———–
Rts of Owners to:
1. Dispose of their property (sale/gift)
2. Possess. Control int, incl esmnts, leases, or mineral rts.
3. Use. Develop & improve.
4. Privacy. Exclude others to protect RP + PP.
3 CP State Review Processes
3 Processes:
1. Expedited State Review Process (common).
2. State Coordinated Review Process - for critical areas (Keys).
3. Small Scale Review Process
CP Review Process, re: Small Scale
4 criteria to qualify.
CP ----------- A. For 50 [rural 100] acres or less. B. No changes to CP text. C. Changes future land use map only. D. Not in an area of critical concern.
Amending CP - frequency + approval
- Amend CP as often as desired.
- LG review CP every 7 years to reflect changes in statutes. If changes needed, has 1 year to adopt new.
- F.S. prohibits approval or change of CP by referendum or initiative.
Exception: If LG charter provision was in effect on 6/1/11. - If have military base, send to commanding officer.
Amending CP - re: Sector Plan
Sector Plan
A. For: 5,000 acres or more
B. Incl: Urban form and region resources.
C. Goes thru: Regional Planning Council Scoping Mtg
D. Use: Long Term Master plan, 2 or more Detail plans
Amending CP - Court review standard
FAIRLY DEBATABLE.
What is FAIRLY DEBATABLE.
CP ----------- a. A rule of reasonableness. b. Limited application. Ex. LG denied change. Court applied fairly debatable to reverse only where unrefuted evidence proved existing land use designation was improper under the terms of the land use plan itself. Pinellas v. Richman Group of Florida, Inc, 253 So. 23d 662 (2017)
Standard of Review of LG Decisions Under CP
Compliance and project approvals are reviewed on basis of strict scrutiny.
LG Decisions Under CP - Support
Courts do not disturb if some use consistent with the plan is allowed and the decision is supported by competent substantial evidence. BOCC Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993).
Purpose of CP’s Capital Improvements Element?
A. Ensures infrastructure in place for the development
or
B. Reqs contribution to aid in deficiencies
or
C. At least identifies reqs to comply w/ Concurrency.
If your Concurrency is unfunded, what do you do?
No longer requires funding to be in place.
A. Show as funded or unfunded.
B. If unfunded must prioritize to put in CP.
What must CP’s Future Land Element do?
CP ----------- A. Distribute & balance uses. B. Provide econ dev, encourage recreational and commercial fronts, schools near residences, protect historic resources. C. Address compatibility.
If qualify, what are the lenient mechanics of small scale amendment?
A. Do NOT have to send to SPA, &
B. Reqs only 1 hearing. *but still Legislative
9 step CP amendment method/timeline.
PROPOSAL STAGE.
1. Agency or citizen intiative, LPA preps amndmt
2. Transmittal hearing.
3. 10 days transmit to SPA & any requesting agencies.
4. 5 days for SPA to notify LG if deficient.
ADOPTION STAGE
5. DCA, if reviews, has 30 days to issue ORC.
6. LG has 180 days to hold Adoption Hearing.
7. 10 days re-transmit to SPA (may issue sanctions if LG ignored its ORC).
8. 5 days for SPA to notify LG if deficient.
9. 31 days after SPA notified LG complete = effective.
Define “Affected Person.”
LG, property owners, residents or business operators w/i LG boundaries, or abutting the FLUM, or adjoining LGs w/ substantial impacts.