Rural Land Stewardship Area (RSLA)

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Community Planning

RULE NO: RULE TITLE
9J-5.026: Rural Land Stewardship Area (RSLA)

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 42, October 17, 2008 issue of the Florida Administrative Weekly.

9J-5.026 Rural Land Stewardship Area (RLSA).

(1) Purpose of the RLSA Planning Process. The RLSA is an enhanced rural planning process which counties may elect to use. The paramount purpose of the planning process is to further the statutory principles of rural sustainability through innovative and flexible planning strategies and incentives. The planning process uses stewardship planning to encourage landowners to permanently conserve agricultural lands, and ecosystems, habitats, and natural resources in return for appropriate development rights on a limited portion of other lands suitable for development within the RLSA. The planning process is not an entitlement vehicle for urban developments of such size that they overwhelm the rural or agricultural character of the area.

(2) Purpose of the RLSA Rule. The purpose of this section is to establish rules for designating a RLSA. It specifies the substantive compliance requirements for RLSA plan amendments and explains how the Department will determine the compliance of a RLSA plan amendment as required by Chapter 163, Part II, F.S. These rules establish minimum criteria which may be exceeded by local governments.

(3) Adoption of a RLSA Plan Amendment. A county, or counties in the case of a multi-county RLSA, may adopt a RLSA plan amendment(s) after giving notification to and receiving the authorization of the Department. Chapter 9J-11, F.A.C., establishes the specific procedures and requirements for the local notification by local government, the Department’s authorization, and the adoption of a plan amendment designating a RLSA.

(4) Definitions.

(a) “Designated Receiving Area” means a delineated land area within an Eligible Receiving Area within a RLSA to which stewardship credits can be transferred to increase the density or intensity of a parcel.

(b) “Designated Sending Area” means an area within a RLSA that has been designated as appropriate for conservation or agricultural use and assigned stewardship credits.

(c) “Eligible Receiving Area” means an area designated in the initial RLSA plan amendment that delineates where “Designated Receiving Areas” can be subsequently located.

(d) “Greenbelt” means a wide border of permanently undeveloped land that precludes the expansion of development into the surrounding rural lands; provides a buffer to protect the surrounding rural resources from development impacts; and separates the developed area from other developed areas.

(e) “Rural Landscape” means the mosaic of agricultural and natural land covers which may include rural settlements.

(f) “Stewardship credits” means development credits assigned to lands within a rural lands stewardship area. These development credits do not constitute development rights until they are transferred to parcels within Designated Receiving Areas for the sole purpose of implementing the innovative planning and development strategies and creative land use planning techniques established by the rural lands stewardship area plan.

(g) “Stewardship easement” means a covenant or restrictive easement running with the land which records the use of stewardship credits and specifies the allowable uses and development restrictions for the Designated Sending Area limits future development. The stewardship easement must be jointly held by the county and either the Department of Environmental Protection, Department of Agriculture and Consumer Services, a water management district, or a recognized statewide land trust.

(5) Threshold Eligibility Requirements. To be eligible for consideration by a county and the Department for designation as a RLSA, a proposed RLSA must meet the following eligibility requirements:

(a) A RLSA may encompass land in one county or land in adjacent counties but shall not include land within municipal or established urban growth boundaries as designated in the local comprehensive plan(s);

(b) A RLSA must include a minimum of 10,000 acres of privately owned land that is not already permanently protected through existing easements, covenants or other restrictions; and

(c) A RLSA must consist of lands with a pre-existing future land use map designation of agricultural, rural, open, open-rural, or an essentially similar land use designation.

(6) Mandatory Substantive Requirements. A RLSA plan amendment must satisfy the substantive requirements for plan amendments in Chapter 163, Part II, F.S. and Chapter 9J-5, F.A.C., including the additional requirements established by Section Subsection 163.3177(11), F.S., and Rrule 9J-5.026, F.A.C., for the designation of a RLSA.

(7) Rural Sustainability. Rural sustainability is the paramount goal of a RLSA.

(a) A RLSA plan amendment must demonstrate that it will further the following statutory principles of rural sustainability:

1. Restoration and maintenance of the economic value of rural land;

2. Control of urban sprawl;

3. Identification and protection of ecosystems, habitats, and natural resources;

4. Promotion of rural economic activity;

5. Maintenance of the viability of Florida’s agricultural economy; and

6. Protection of the character of rural areas of Florida.

(b) Furthering the principles of rural sustainability requires large-scale planning which controls the amount, type, and location of development. A RLSA shall manifest the following general landscape features which will vary based on local characteristics:

1. Land area(s) large enough to accommodate development on suitable lands while conserving the overall rural character and the agricultural lands, and ecosystems, habitats, and natural resources on the remaining lands;

2. A limited development footprint in order to protect the surrounding rural landscape and agricultural lands, and ecosystems, habitats, and natural resources;

3. A limited number of Designated Receiving Areas to prevent urban sprawl and unnecessary fragmentation of the rural landscape;

4. Designated Receiving Areas with compact shapes that avoid intrusions into the surrounding rural landscape in the form of radial, strip, ribbon, or finger patterns;

5. Greenbelts surrounding Designated Receiving Areas to provide for a clear separation between urban and rural uses except when the Designated Receiving Area is adjacent to existing development or incorporated areas;

6. Designated Receiving Areas located only on land most suitable for development and away or effectively buffered from lands most suitable for agriculture and natural resource conservation; and

7. Designated Receiving Areas connected with each other and the remainder of the RLSA and to areas outside of the RLSA using rural design principles and rural road corridors with controlled access that are designed to prevent sprawl and minimize impacts on ecosystems, habitats, and natural resources.

(c) The amount and type of development in a RLSA must also be designed to further the principles of rural sustainability. Therefore, development shall should be of the amount and type that is sustainable and will support and sustain and not undermine the rural and agricultural economies. A RLSA shall manifest the following general development characteristics:

1. The total amount of development, particularly residential development, must be limited and carefully controlled to be compatible with avoid impacts that will overwhelm the overall rural character of the RLSA and surrounding area including or adversely impact, agricultural activities, and ecosystems, habitats, and natural resources. The total amount of development shall not exceed the amount calculated in accordance with paragraphs (9)(c) and subparagraph (8)(c)2. (11)(b).

2. Provision for agricultural-related uses, including farmworker housing, that will support and sustain the rural and agricultural economies. These uses may be located in Designated Receiving Areas, and in designated Agricultural Areas if sited on agricultural lands suitable for development and in a manner that does not adversely affect agricultural activities.

3. Rural villages, rural activity centers, and new towns shall be designed to:

a. Pprovide for a compact, functional mix of land uses that serve living, working, shopping, recreational, and civic needs;

b. Pprovide energy efficient land use patterns that minimize vehicle miles travelled and greenhouse gas emissions;

c. Mminimize the external impacts of the development;

d. Mmaximize the cost-efficient provision of public facilities and services; and

e. Pprovide adequate workforce housing, including low, very low, and moderate income housing.

(8) Existing Conditions: Data and Analysis Requirements. The data and analysis requirements that apply to all plan amendments also apply to RLSA amendments. This subsection does not repeat those requirements, but some requirements are cross-referenced for ease of use. This subsection establishes RLSA-specific data and analysis requirements that are in addition to the requirements for all amendments. In order to evaluate the existing conditions within the RLSA and how those conditions interrelate with the surrounding regional context, the data and analysis must cover existing local conditions within the RLSA, the county or counties in which it is located, and the areas surrounding the RLSA irrespective of county boundaries. The data and analysis shall address:

(a) Existing Conditions Agriculture. Data and analysis of existing conditions provides the necessary foundation for developing the RLSA Plan consistent with subsection 9J-5.005(2), F.A.C.

1. Identify current and historical agricultural land uses, activities, and economic conditions in the RLSA and surrounding area and include an existing conditions map of current agricultural areas within and surrounding the RLSA.

2. Analyze the probable or projected future agricultural land uses and activities in the area and the amount of land required to accommodate them.

3. Analyze the suitability of the land for existing and potential agricultural activities. The analyses shall consider the effect on threats to agriculture from development and spatial fragmentation.

4. Inventory and evaluate local, state, and federal agricultural programs to determine how the RLSA may impact or be impacted by these programs.

(b) Rural Character and Economy.

4.1. Identify and describe the existing, locally specific rural character of the RLSA and surrounding area by analyzing its characteristics, including land use, development patterns, and economic, social, cultural, historic, scenic, landscape, recreational, and environmental elements.

2. Describe and analyze the existing rural and agricultural economy, including the types of existing industries, employment, extent of unemployment, and local workforce characteristics.

3. Inventory and evaluate local, state, and federal programs addressing rural economic issues such as the Rural Economic Development Initiative established in Section 288.0656, F.S., including how the RLSA may impact or be impacted by these programs.

(c) Ecosystems, Habitats, and Natural Resources.

5.1. Inventory and identify natural resources as required under Rules sections 9J-5.006 and 9J-5.013, F.A.C., including ecosystems, habitats, and natural resources existing within and proximate to the RLSA. The inventory shall include important water recharge areas and water supply sources; water bodies designated pursuant to Section 403.067, F.S.; spring protection areas; and the Florida Greenways and Trails System as designated pursuant to Chapter 260, F.S.

6.2. Analyze geographic connections between RLSA resources and larger systems and networks such as water systems, wildlife corridors, greenways, and trails.

7.3. Analyze the potential threats to natural resources, including urbanization, economic, biological, and spatial fragmentation.

8.4. Identify Inventory and evaluate relevant local, state, and federal programs and special land use designations such as publicly owned conservation lands, mitigation banks, and environmental restoration efforts, including the Comprehensive Everglades Restoration Plan (CERP), that may impact or be impacted by the RLSA.

(d) Potential Development and Urban Sprawl.

9.1. Analyze landscape and development conditions of the RLSA and surrounding rural lands, such as the overall pattern of rural land uses and land covers, parcel size and ownership patterns, recent historical trends regarding subdivision of land and transition to residential uses, roadways, and other infrastructure that may affect RLSA development and rural sustainability.

2. Analyze how the RLSA is likely to affect the future development patterns of other rural and agricultural lands in the surrounding area, irrespective of county boundaries.

(b)(e) Land Values Analysis for Stewardship Credit System. In evaluating agricultural lands, and ecosystems, habitats, and natural resources, conduct a land values analysis for use in assigning stewardship credits and for determining the most suitable locations for Designated Receiving Areas. The analysis shall include and be based on the following:

1. All forms of rural resources including agricultural, environmental, local and regional ecosystems, wildlife habitat, water resources, recreational, tourism, scenic, cultural, and other rural amenities;

2. The broad landscape ecology, including geographic linkages and corridors; specially designated areas such as natural reservations as defined in subsection 9J-5.003(78), F.A.C., and the Florida Greenways and Trails System, including the Florida National Scenic Trail identified in Chapter 260, F.S.; and appropriate buffer zones to mitigate incompatibilities and enhance environmental and other values;

3. All existing permanent protection measures, both public and private, including land use restrictions and conservation programs and an evaluation of whether these measures reduce or increase the need for additional protection through the RLSA planning process;

4. Land development and other conversion threats whereby significant rural resources under threat require more incentives via stewardship credits and less significant resources require lesser incentives and may be more suitable

for designation as receiving areas. This includes the future threat of low-density sprawl on lands proximate to and surrounding potential Designated Receiving Areas; and

5. Site specific natural resource evaluation criteria substantially similar to those used to establish statewide geographic information systems by the Florida Natural Areas Inventory, Florida Fish and Wildlife Conservation Commission, Florida Department of Environmental Protection, and Water Management Districts; and available agricultural data from the Florida Department of Agriculture and Consumer Services, and the United States Department of Agriculture.

(c) RLSA Plan.

1. How the RLSA Plan will further the principles of rural sustainability.

2. The maximum amount of allowable development in the RLSA.

3. The demonstration of need for the maximum amount of development pursuant to paragraph (9)(c).

4. The stewardship credit system and how it will allow achievement of the RLSA Plan.

5. The suitability for development of land in the RLSA, including Eligible Receiving Areas and potential sites for development in Agricultural Areas.

6. The location and extent of greenbelts, buffers, or setbacks needed to ensure a separation of any urban and rural uses and to protect agricultural lands, and ecosystems, habitats, and natural resources.

7. An analysis of how the RLSA Plan is likely to affect future development patterns of other rural and agricultural lands in the surrounding area, irrespective of county boundaries, and control urban sprawl within and surrounding the RLSA.

8. The amount of workforce housing, including low, very-low, and moderate income housing, needed for the development allowed in the RLSA and for persons working in agriculture and other rural industries in the RLSA.

9. The rural design standards and rural road corridor network that will be needed to serve the RLSA.

10. Energy efficient land use patterns that minimize vehicle miles travelled and greenhouse gas emissions.

(9) RLSA Plan Standards. The RLSA Plan shall satisfy the following standards:

(a) Development and Design Standards.

1. The RLSA Plan must be consistent with the general landscape and development characteristics set forth in paragraphs (7)(b) and (7)(c).

2. The maximum amount of allowable residential and non-residential development in the RLSA shall not exceed the amount of development determined pursuant to paragraphs (9)(c) and subparagraph (8)(c)2. (11)(b).

3. All non-agricultural development enabled by the transfer of stewardship credits shall be located in Designated Receiving Areas that will be established pursuant to paragraph (10)(e) and subsection (11) and which shall be are located in Eligible Receiving Areas designated in the comprehensive plan.

4. Development in Any Designated Receiving Areas exceeding 1,000 acres shall meet the definition of new town in subsection 9J-5.003(80), F.A.C., or the definition of All other development shall be designated as a rural village or rural activity center which shall meet the definition set forth in subsection 9J-5.003(112), F.A.C., and shall not exceed 1,000 acres in size.

5. Significant ecosystems, habitats, and natural resource areas in the RLSA shall be designated as Conservation Areas in which, after transfer of all stewardship credits, development shall be prohibited by sending area stewardship easements. Conservation Areas in which specified agricultural uses are allowed shall be clearly distinguished from Conservation Areas in which no agricultural uses are allowed.

6. All lands in the RLSA, except for Designated Receiving Areas and designated Conservation Areas, shall be designated as Agricultural Areas in which, after transfer of stewardship credits, development shall be prohibited by sending area stewardship easements, except for agricultural-related uses as provided in subparagraph (7)(c)2.

7. Service area boundaries must be established for each Designated Receiving Area which provide for a clear separation between it and other land uses in the RLSA through limitations on the extension of services. Service areas shall provide for the cost-efficient delivery of public facilities and services.

8. The innovative planning and development strategies to be used in Designated Receiving Areas shall include a compact, functional mix of land uses; energy efficient land use patterns; the internal capture of trips; and minimization of vehicle miles traveled and greenhouse gas emissions.

(b) The Size of the Development Footprint. The RLSA plan amendment shall establish limit the size of the total development footprint, i.e., the Designated Receiving Area(s).

1. The size of the total development footprint shall be based upon:

a. The size of the RLSA and the number of Designated Receiving Areas;

b. The percentage of the RLSA that will be permanently protected or preserved by stewardship easements, the degree to which permanently protected sending areas are contiguous, and the degree to which permanently protected sending areas establish an effective greenbelt around the receiving areas;

c. The locational attributes of the development footprint, including whether it is located adjacent to existing development or incorporated areas and will be otherwise surrounded by greenbelts;

d. The extent and location of new infrastructure, including roadways, which will be required to serve the Designated Receiving Areas;

e. The land use, design and development standards, such as the amount of residential development, the degree of mixed use, compactness, jobs-housing balance, internalization of impacts, pedestrian orientation, multi-modal transportation, connectivity standards, and energy efficiency, that will be required in the Designated Receiving Areas;

f. The extent to which potential urban sprawl is prevented by reducing or eliminating permissible land uses and development intensities and densities in Agricultural and Conservation areas outside of the Designated Receiving areas within the RLSA and in the rural areas surrounding the RLSA; and

g. The impact of the development footprint on ecosystems, habitats, and natural resources, including potential fragmentation of such resources.

2. In reviewing the size of the development footprint established in the RLSA plan amendment, the Department shall determine that a total footprint that does not exceed 10 percent of the entire RLSA complies with this paragraph and subparagraph (7)(b)2., and furthers the principles of rural sustainability. If the total development footprint is more than 10 percent of the entire RLSA, the RLSA plan amendment must demonstrate that the development footprint furthers the principles of rural sustainability.

(c) Development Allocation Standards. The Because the RLSA Plan projects the ultimate land use pattern that may occur beyond the long-term planning period of the comprehensive plan, the amount of allowable development in the RLSA Plan must be based on the 25-year or greater projected population of the RLSA; population projections for the RLSA for the short- and long-term planning periods of the comprehensive plan and for the ultimate land use pattern. The population projections shall be based on professionally acceptable methods for projecting growth in rural geographic areas like the RLSA. The methodology must take into account the requirement to achieve the statutory principles of rural sustainability; the population projections and the allocations of development entitlements for the county as a whole; the amount of development allowed by the underlying land uses; and the anticipated effect of the proposed RLSA and its proposed Receiving Areas, including any committed catalyst projects, infrastructure improvements, or other projects that would attract and support development.

(d) Stewardship Credit System Standards. The RLSA plan amendment shall either incorporate or require adoption by separate ordinance of a stewardship credit system and methodology that complies with the following criteria:

1. Each credit shall represent a defined number of residential units per acre or a defined amount of non-residential square footage per acre. The credit transferee may decide whether to use the credit for a residential or non-residential use according to the plan of development for the Designated Receiving Area.

2. The maximum number of credits for the entire RLSA shall be established and shall equal the maximum amount of development allowed in the RLSA.

3. Credits shall be assigned to each acre of land based on the land values analysis required by paragraph (8)(b)(e) in a manner designed to accomplish the purposes of the RLSA Plan.

4. Credits for a Designated Sending Area shall be assigned at the time the sending area is designated.

5. After assignment of credits to a Designated Sending Area, credits may be transferred directly to a parcel within a Designated Receiving Area in order to increase development entitlements or, at the option of the landowner and county, to a credit bank managed by the county or to a third party. Banked or third party credits are reserved for future transfer to a Designated Receiving Area.

6. At the time credits are transferred to a Designated Receiving Area, credit bank, or third party, a stewardship easement or restrictive covenant must be imposed on the Designated Sending Receiving Area and recorded in the public records of the county to permanently prohibit development and to provide for conservation of ecosystems, habitats and natural resources, and to permanently limit land uses on agricultural lands to specified agricultural activities, including agricultural-related development. The easement or restrictive covenant shall be in favor of the county and either the Department of Environmental Protection, the Department of Agricultural and Consumer Services, a water management district, or a recognized statewide land trust.

7. The local government may require that the easement or restrictive covenant provide for the appropriate management and monitoring of the resources to be protected and enforcement mechanisms to ensure compliance with the terms, conditions and restrictions established in the easement or covenant.

8. Upon transfer of credits, the underlying land uses are extinguished except for agricultural-related uses that may be allowed in Agricultural or Conservation Areas according to the provisions of the stewardship easement or restrictive covenant, which may restrict the intensity of the agricultural-related uses to promote compatible conservation uses.

9. To encourage the restoration, management, and maintenance of conservation lands through conservation easements, credit bonuses may be allowed as determined by the comprehensive plan. This bonus amount shall be included in the maximum number of credits established for the entire RLSA and shall not increase the total amount of credits and development allowed in the entire RLSA.

10. To encourage the early establishment of stewardship easements, credits that are transferred to a credit bank or third party for future use may be increased by a bonus amount as determined by the comprehensive plan. This bonus amount shall be included in the maximum number of credits established for the entire RLSA and shall not increase the total amount of credits and development allowed in the entire RLSA.

(10) Goals, Objectives, Policies and Map. The RLSA plan amendment shall contain a RLSA Plan consisting of goals, objectives, policies, and a map that set forth the innovative planning and development strategies to be applied in the RLSA. The goal statement(s) shall establish the long-term ends of the amendment to further the principles of rural sustainability. Each goal shall contain objectives and policies which address how the principles of rural sustainability and the standards specified in subsection (9) will be achieved in the RLSA. The goals, objectives, policies and map shall address the following:

(a) The conservation and protection of agricultural lands, and ecosystems, habitats, and natural resources in the RLSA.

(b) The control of urban sprawl within and surrounding the RLSA.

(c) The planning period for the RLSA and the maximum amount of development allowed in the RLSA.

(d) The criteria to be used in establishing the methodology for the stewardship credit system. The methodology and stewardship credit system based on the criteria in the RLSA Plan shall either be incorporated into the RLSA Plan or adopted by separate ordinance.

(e) The process for establishing Designated Receiving Areas and Designated Sending Areas. This shall include minimum standards for the application, review, and designation of sending and receiving areas. This shall also include locational criteria and the maximum cumulative size of Designated Receiving Areas within Eligible Receiving Areas.

(f) The plan of development shall include innovative planning and development strategies to be used in Designated Receiving Areas, including:

1. A a compact, functional mix of land uses in rural villages, rural activity centers, and new towns;

2. Ttiming and phasing requirements necessary to achieve a functional mix; and

3. Lland use standards to be applied in Designated Receiving Areas including the amount, type, density, intensity, composition, distribution, location, and design standards of future uses and which specify that the increased densities and intensities can only be enabled through the transfer of stewardship credits to parcels within the Designated Receiving Area.

(g) A process that encourages visioning and public participation in the design of any Designated Receiving Area.

(h) Adequate available workforce housing, including low, very-low, and moderate income housing, for the development anticipated in the RLSA, including housing for persons working in agriculture and other rural industries.

(i) Provision for businesses and industries which support and sustain the rural and agricultural economy.

(j) Compatibility standards and techniques, including greenbelts, buffers, setbacks, and density and intensity gradations, to ensure a clear separation between urban and rural uses and to provide adequate protection of designated Conservation and Agricultural areas.

(k) The protection, restoration and maintenance of designated Conservation Areas through stewardship easements and other means.

(l) The existing and planned rural road system and the rural design principles to be used in connecting the Designated Receiving Areas with each other and to areas outside of the RLSA.

(m) Standards for the establishment of service areas.

(n) Inclusion of existing rural developments such as cross-roads communities and partially built subdivisions as part of the overall plan to further rural sustainability, including appropriate consideration of those areas as most suitable for Designated Receiving Areas.

(o) Energy efficient land use patterns that minimize vehicle miles travelled and greenhouse gas emissions.

(p) The RLSA Plan shall include a RLSA Plan map as an overlay which at a minimum depicts the Eligible Receiving Areas; Conservation and Agricultural Areas; existing rural road corridors; and the general location of planned rural road corridors. The map must be consistent with and supported by data and analysis, and goals, objectives, and policies submitted or adopted in accordance with this section.

(11) Data and Analysis. The RLSA plan amendment, including the RLSA Plan, shall be based on and supported by data and analysis which address the following:

(a) How the RLSA Plan will further the principles of rural sustainability.

(b) The maximum amount of allowable development in the RLSA.

(c) The demonstration of need for the maximum amount of development pursuant to paragraph (9)(c).

(d) The stewardship credit system and how it will allow achievement of the RLSA Plan.

(e) The suitability for development of land in the RLSA, including Eligible Receiving Areas and potential sites for development in Agricultural Areas.

(f) Identification and evaluation of existing agricultural lands, and ecosystems, habitats, and natural resources. If the entire RLSA consists of these lands, the data and analysis should identify those lands having the least agricultural suitability and environmental value.

(g) How the proposed amount of allowable development, especially residential development, will affect agricultural lands, and ecosystems, habitats, and natural resources.

(h) The location and extent of greenbelts, buffers, or setbacks needed to ensure a separation of any urban and rural uses and to protect agricultural lands, and ecosystems, habitats, and natural resources.

(i) The control of urban sprawl within and surrounding the RLSA.

(j) The amount of workforce housing, including low, very-low, and moderate income housing, needed for the development allowed in the RLSA and for persons working in agriculture and other rural industries in the RLSA.

(k) The rural design standards and rural road corridor network that will be needed to serve the RLSA.

(l) Service areas for Designated Receiving Areas.

(m) The general terms of the conservation and stewardship easements and restrictive covenants that are proposed to be utilized for the Conservation and Agricultural Areas.

(n) Energy efficient land use patterns that minimize vehicle miles travelled and greenhouse gas emissions.

(11)(12) Timing of Demonstration of Need, the Plan of Development, and Financial Feasibility. In order to provide flexibility, the The local government shall utilize one of the following options in addressing the issues of need, plan of development, and financial feasibility in a RLSA plan amendment:

(a) Option One: Conventional Plan Amendment Option. The initial RLSA plan amendment must include the following:

1. A demonstration of need for the maximum amount of development allowed for the long-term planning period for the entire RLSA as determined in accordance with paragraphs (9)(c) and subparagraph (8)(c)3. (11)(c). A demonstration of residential land use need is not required if the maximum amount of residential development for the RLSA does not exceed the cumulative amount of residential development allowed by the underlying land uses within the RLSA as established in the pre-existing comprehensive plan. If this limit is chosen, the analysis must demonstrate, using professionally accepted methods, that the amount of non-residential land uses is sufficient to meet the daily and work needs of the projected population and employment, which will vary based on location, proximity to other development, and the size of the planned development.

2. A financially feasible 5-Year schedule of capital improvements for any development that will occur in the first five years and a long term capital improvement plan for the entire RLSA.

3. The Designated Receiving Areas must develop according to all of the requirements established in the initial plan. A subsequent amendment pursuant to Section 163.3184, F.S. is not required except for one or more of the following circumstances:

a. The annual update to the 5-Year Capital Improvements Schedule which must address any capital improvements needed by RLSA development.

b. A change from the initial RLSA plan amendment.

c. The local government has adopted plan policies in the initial plan amendment that require subsequent plan amendments.

4. The RLSA plan amendment shall require that after the local government has designated a Designated Receiving Area by land development regulation, the Designated Receiving Area shall be delineated on the Future Land Use Map shall be revised to delineate the Designated Receiving Area pursuant to a ministerial process. This ministerial singular action shall not be deemed a plan amendment and shall not require a compliance review pursuant to Section 163.3184, F.S.

(b) Option Two: The Vision Plan Option. This option provides greater flexibility in addressing the issues of need, plan of development, and financial feasibility in a RLSA plan amendment as follows:

1. The initial RLSA plan amendment must include a descriptive vision plan for the entire RLSA which is consistent with the principles of rural sustainability. The vision plan shall establish the maximum amount of development required to achieve the vision, the general location and the maximum size of Eligible Receiving Areas, and the general location of Agricultural and Conservation Areas. The amendment must address all goal, objective, and policy requirements except paragraph (10)(f), the plan of development for Designated Receiving Areas. The amendment must address all data and analysis requirements except for subparagraph (8)(c)3. (11)(c) regarding the demonstration of land use need. The initial amendment does not require a financially feasible 5-Year Schedule of Capital Improvements for the RLSA.

2. The initial RLSA plan amendment must provide that prior to the development of a Designated Receiving Area(s), the comprehensive plan must be amended to incorporate the Designated Receiving Area(s) and Designated Sending Area(s) on the Future Land Use Map. This subsequent amendment must include and be supported by:

a. The plan of development required by paragraph (10)(f) and maximum amount of development allowable in the Designated Receiving Area(s) for the long-term planning period.

b. A demonstration of need for the maximum amount of development allowed for the long-term planning period for the Designated Receiving Area(s) determined in accordance with paragraphs (9)(c) and subparagraph (8)(c)3. (11)(c). A demonstration of residential land use need is not required if the maximum amount of residential development for the RLSA does not exceed the cumulative amount of residential development allowed by the underlying land uses within the RLSA as established in the pre-existing comprehensive plan. If this limit is chosen, the analysis must demonstrate, using professionally accepted methods, that the amount of non-residential land uses is sufficient to meet the daily and work needs of the projected population and employment, which will vary based on location, proximity to other development, and the size of the planned development.

c. A financially feasible schedule of capital improvements that addresses all capital facility planning needs for the Designated Receiving Area(s).

d. Compliance of the plan amendment shall be limited to the requirements in sub-subparagraphs a., b., and c. above and internal consistency with the initial RLSA plan amendment. Any changes to the initial RLSA Plan shall be subject to the complete compliance requirements.

Specific Authority 163.3177(9), (11)(h) FS. Law Implemented 163.3177(2), (3), (6)(a), (8), (10)(e), (11)(a), (11)(b), (11)(d)1., (11)(d)2., (11)(d)4., (11)(d)5., (11)(d)6. FS. History–New _______.