Preapplication Conferences and Conceptual Agency Review Process, Hurricane Preparedness Policy Rule, Master Development Approval Alternative Review Procedure
DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
RULE NOS.:RULE TITLES:
73C-40.021Preapplication Conferences and Conceptual Agency Review Process
73C-40.0256Hurricane Preparedness Policy Rule
73C-40.028Master Development Approval Alternative Review Procedure
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. 43 No. 29, February 13, 2017 issue of the Florida Administrative Register.
73C-40.021 Preparation, Filing, and Review of Applications for Development Approval.
(1) No change.
(2) Filing the Application for Development Approval.
(a) In accordance with Sections 380.06(6), (7), and (10), F.S., the developer shall simultaneously file completed copies of an application for development approval using Form DEO-BCP-ADA-1 identified in subsection (4) below with the local government having jurisdiction, the appropriate regional planning agency, and the Division. Other copies of the application for development approval shall be distributed as agreed upon at the preapplication conference. Copies of the application, Form DEO-BCP-ADA-1, may be obtained from the Division or the regional planning agency. The application should be filed in accordance with the local government’s applicable procedures and as early as possible in its planning or permitting approval processes.
1. through 3. No change.
4. Any person may submit a petition to a local government requesting that he be approved as a developer of an areawide DRI. If approved by the local government with jurisdiction over the area concerned in the petition, that person, or any general purpose local government, may submit an areawide DRI application for development approval pursuant to Section 380.06(25), F.S., and Chapter 9J-3, F.A.C.
5. No change.
6. If a developer has elected to proceed in a conceptual agency review process, then he must submit copies of the application for development approval to all state or regional agencies which are to participate in the review process. The application shall include additional information identified by state or regional permitting agencies as provided for in Sections 380.06(9)(c)1. and 2., F.S.
(b) No change.
(c) Pursuant to Section 380.06(10), F.S., the regional planning agency shall make a determination as to the sufficiency of the information contained in the application. The regional planning agency may solicit comments from other state, regional, and local agencies and governments regarding sufficiency of application information.
1. Information will should be considered sufficient when it has been presented in a manner which allows the reviewing agencies to assess the impacts of the proposed development. A determination of sufficiency does not necessarily indicate that the regional planning agency or other reviewing agencies agree with the information and conclusions presented in the application.
2. Reviewing agencies shall should submit sufficiency comments to the applicant at the same time the comments are submitted to the regional planning agency so that the applicant can begin to prepare a response to the concerns before receipt of the formal sufficiency determination. The regional planning agency shall provide copies of agency requests for additional information and the applicant’s responses to the Division, the local government and all reviewing agencies to expedite review and enhance coordination within the review process.
3. through 5. No change.
(3) Regional Report and Recommendations.
(a) Upon receipt of the notice of public hearing issued pursuant to Section 380.06(11), F.S., the appropriate regional planning agency shall prepare a report and recommendations on the regional impact of the proposed development in accordance with the criteria identified in Section 380.06(12), F.S. In preparing the regional report, the regional planning agency shall identify and make recommendations on regional issues. Regional issues to be used in reviewing DRI applications are included in the applicable local government comprehensive plans, the Development of Regional Impact Uniform Standards Rules as set forth in Rules 73C-40.040 through 73C-40.048, F.A.C. Rule, the State Comprehensive Plan, and Sections 380.06(12)(a)1., 2., and 3., F.S. In addition, Strategic Regional Policy Plans adopted by regional planning councils pursuant to Sections 186.507 and .508, F.S, are a long-range policy guide for the development of the region and shall be used as the basis for regional review of DRIs. The regional planning agency may also identify and make recommendations on other local issues. However, local issues shall not be grounds for or be included as issues in a regional planning agency recommendation for appeal of a local government development order.
(b) through (f) No change.
(4) No change.
Rulemaking Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380.06(7), (9), (23) FS. History–New 5-4-83, Formerly 9B-16.21, Amended 11-20-90, 2-21-01, Formerly 9J-2.021.
73C-40.0256 Hurricane Preparedness Policy Rule; Special Hurricane Preparedness Districts
(1) through (7) No change.
(8) Designation of Special Hurricane Preparedness Districts. A county or region must petition the Department in writing in order to be considered for designation as a special hurricane preparedness district. Such a request shall identify why the county or region should be designated and establish what types of hurricane preparedness mitigation measures will be applied to developments of regional impact within the district. The request shall be based on unique regional hurricane preparedness considerations which have been identified as a major regional issue and addressed with appropriate policies in an adopted comprehensive regional policy plan, in an adopted comprehensive plan or adopted hurricane preparedness ordinance, or in the adopted management plans or principles for guiding development for those areas designated by the Legislature at the recommendation of the Department pursuant to Sections 380.045 and 380.05, F.S., respectively. In addition, the request for designation should be based on, but not limited to, the following types of generalized regional or county considerations:
(a) through (b) No change.
(c) Less than twenty percent of a county’s or region’s hurricane shelters are available to the population during a 100-year or category three hurricane event; and
(d) The percentage of the total population anticipated to evacuate.; and
(e) Any other information the county or region deems appropriate to support its request.
(9) Upon receiving a petition requesting designation as a special hurricane preparedness district from a county or region, the Department shall have thirty (30) days to notify the petitioner whether sufficient information regarding the need for designation and the acceptability of proposed mitigative measures has been submitted in the petition or if additional information supporting the criteria in subsection (8) above is required. A petition for a special hurricane preparedness district designation is complete when the Department determines that all documentation and information supporting the criteria in subsection (8) request it finds necessary to evaluate the request has been provided. The Department shall determine if the special hurricane preparedness district designation is appropriate within 45 days after receipt of a complete petition. If the request for designation is deemed inappropriate by the Department, a written response shall be sent to the petitioner identifying why designation was found to be inappropriate. If the petition for designation is deemed appropriate by the Department, a written notification shall be sent to the petitioner indicating the Department’s intention of amending this rule to incorporate the special designation. The designation shall not become effective until the rule has been amended. The Department’s designation shall also identify the hurricane preparedness mitigation alternatives that are deemed appropriate for developments of regional impact within the special hurricane preparedness district based on the unique regional considerations which were identified in the petition. In counties or regions that have been designated as special hurricane preparedness districts, the developer of a development of regional impact shall have the option to mitigate regional hurricane preparedness impacts as detailed in subsections (4) through (6) of this rule. However, if the developer of a development of regional impact chooses to mitigate regional hurricane preparedness impacts by using the alternatives identified in the special hurricane preparedness district designation, the DRI development order must include a provision that requires that all deeds to property located within the proposed development be accompanied by a disclosure statement. The disclosure statement must be in the form of a covenant stating that the property is located in a hurricane vulnerability zone and that the hurricane evacuation clearance time for the county or region is high and/or hurricane shelter spaces are limited.
(10) Designation of Southwest Florida as a Special Hurricane Preparedness District for Developments of Regional Impact. Based on a written request supported by data and information received from the Southwest Florida Regional Planning Council, the Department designates the area contained within the category three hurricane flood zone as identified in the Hurricane Evacuation Study Update, 2010 1995 Southwest Florida Regional Planning Council within the counties of Sarasota, Charlotte, Lee, and Collier as a special hurricane preparedness district for developments of regional impact. More specifically, the area that is designated as a special hurricane preparedness district for developments of regional impact is that portion of Southwest Florida that lies outside of areas subject to the impacts of a category two storm but within the area anticipated to be impacted by a category three hurricane as identified in the Hurricane Evacuation Study Update, 1995 Southwest Florida Regional Planning Council. The Department’s designation is based on the following facts regarding the coastal counties of Southwest Florida:
(a) through (g) No change.
(11) No change.
73C-40.028 Alternative Review Procedures.
(1) No change.
(2) Downtown Development of Regional Impact Alternative Review Procedure.
(a) A downtown development authority may submit a downtown DRI application for development approval pursuant to Section 380.06(22), F.S and Rule paragraph 73C-40.021, F.A.C.
(b) No change.
(3) No change.
Rulemaking Authority 380.032(2), 380.06(21)(c) and (23) FS. Law Implemented 380.06(21) and (22) FS. History–New 7-7-76 and 5-4-83, Formerly 27F-1.24, 9B-16.28, Amended 11-20-90, 6-1-03, _________, Formerly 9J-2.029.
