DRIs After 360

1. DRIs After 360

2. Transportation Methodology § 380.06(7) PREAPPLICATION PROCEDURES.— The levels of service required in the transportation methodology shall be the same levels of service used to evaluate concurrency in accordance withs. 163.3180.

3. OTTED Projects If a use is exempt from review as a development of regional impact under paragraphs (a)-(s), but will be part of a larger project that is subject to review as a development of regional impact, the impact of the exempt use must be included in the review of the larger project, unless such exempt use involves a development of regional impact that includes a landowner, tenant, or user that has entered into a funding agreement with the Office of Tourism, Trade, and Economic Development under the Innovation Incentive Program and the agreement contemplates a state award of at least $50 million. § 380.06(24)

4. Buildout Date Extension (1)…. [I]n recognition of 2009 real estate market conditions, any permit issued by DEP or a water management district pursuant to part IV of chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of 2 years following its date of expiration. This extension includes any local government-issued development order or building permit. The 2- year extension also applies to build out dates including any build out date extension previously granted under s. 380.06(19)(c), Florida Statutes. (2) The commencement and completion dates for any required mitigation associated with a phased construction project shall be extended such that mitigation takes place in the same timeframe relative to the phase as originally permitted. Sec. 14, Chapter 2009-96, Laws of Fla.; also Note 3 to § 380.06

5. New Port-Related Exemption Expansions to port [facilities]; and facilities determined by the Department of Community Affairs and applicable general-purpose local government to be port-related industrial or commercial projects located within 3 miles of or in a port master plan area which rely upon the use of port and intermodal transportation facilities shall not be designated as developments of regional impact if [where] such expansions, projects, or facilities are consistent with comprehensive master plans that are in compliance with this section. §163.3178(3)

6. Exemptions for Dense Urban Land Areas (“DULAs”) • Where does the exemption apply? • What happens to new projects? • What happens if a DULA thins out? • What happens to existing DRIs?

7. A DULA is: • A municipality that has an average of at least 1,000 people per square mile of land area and a minimum total population of at least 5,000; • A county, including the municipalities located therein, which has an average of at least 1,000 people per square mile of land area; or • A county, including the municipalities located therein, which has a population of at least 1 million. 163.3164(34)

8. DULAs are listed at: • http://www.dca.state.fl.us/ • http://www.dca.state.fl.us/fdcp/dcp/Legislation/2009/CountiesMunicipalities.cfm

9. Where does the exemption apply? Within a municipality that qualifies as a DULA. §380.06(29)(a)1.

10. Where does the exemption apply? In a county that qualifies as a DULA, within an urban service area adopted in the comprehensive plan. §380.06(29)(a)2. "Urban service area" means built-up areas where public facilities and services, including, but not limited to, central water and sewer capacity and roads, are already in place or are committed in the first 3 years of the capital improvement schedule. §163.3164(29)

11. Where does the exemption apply? "Public facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities, and spoil disposal sites for maintenance dredging located in the intracoastal waterways, except for spoil disposal sites owned or used by ports listed in s. 403.021(9)(b). §163.3164(24)

12. Where does the exemption apply? In a county that qualifies as a DULA, within an urban service area adopted in the comprehensive. §380.06(29)(a)2. In addition, areas identified in the … comprehensive plan as urban service areas or urban growth boundaries on or before July 1, 2009, are also urban service areas under this definition. §163.3164(29)

13. Where does the exemption apply? In a county that qualifies as a DULA, within an urban service area adopted in the comprehensive. §380.06(29)(a)2. In addition, for counties that qualify as dense urban land areas under subsection (34), the nonrural area of a county which has adopted into the county charter a rural area designation … [is] also [an] urban service area[] under this definition. §163.3164(29)

14. Where does the exemption apply? Within a county, including the municipalities located therein, which has a population of at least 900,000, which qualifies as a dense urban land area under s. 163.3164, but which does not have an urban service area designated in the comprehensive plan. §380.06(29)(a)3.

15. Where does the exemption apply? In a municipality that is NOT a DULA, within any of the following areas designated in the comprehensive plan: • Urban infill as defined in s. 163.3164; • Community redevelopment areas as defined in s. 163.340; • Downtown revitalization areas as defined in s. 163.3164; • Urban infill and redevelopment under s. 163.2517; or • Urban service areas as defined in s. 163.3164 or areas within a designated urban service boundary under s. 163.3177(14).

16. Where does the exemption apply? In a county that is NOT a DULA, within any of the following areas designated in the comprehensive plan: • Urban infill as defined in s. 163.3164; • Urban infill and redevelopment under s. 163.2517; or • Urban service areas as defined in s. 163.3164.

17. Where does the exemption apply? BUT NOT: • Within the boundary of any area of critical state concern; • Within the boundary of the Wekiva Study Area; or • Within 2 miles of the boundary of the Everglades Protection Area.

18. Where does the exemption apply? BUT: A development that is located partially outside an area that is exempt from the development-of-regional-impact program must undergo development-of-regional-impact review pursuant to this section. § 380.06(29)(d)

19. What happens to new projects? Local governments must submit by mail a development order to the state land planning agency for projects that would be larger than 120 percent of any applicable development-of regional-impact threshold and would require development-of-regional-impact review but for the exemption from the program under paragraphs (a)-(c). For such development orders, the state land planning agency may appeal the development order pursuant to s. 380.07 for inconsistency with the comprehensive plan adopted under chapter 163. § 380.06(29)(f)

20. What happens if a DULA thins out? If a local government that qualifies as a dense urban land area under this subsection is subsequently found to be ineligible for designation as a dense urban land area, any development located within that area which has a complete, pending application for authorization to commence development may maintain the exemption if the developer is continuing the application process in good faith or the development is approved. § 380.06(29)(g)

21. What Happens to a Pending DRI Application? • A pending application for development approval shall be governed by s. 380.115(2). § 380.06(29)(e) • A development with an application for development approval pending, pursuant to s. 380.06, on the effective date of a change to the guidelines and standards, or a notification of proposed change pending on the effective date of a change to the guidelines and standards, may elect to continue such review pursuant to s. 380.06. At the conclusion of the pending review, including any appeals pursuant to s. 380.07, the resulting development order shall be governed by the provisions of subsection (1). §380.115(2)

22. What Happens to a Pending DRI Application? A development that has a pending application for a comprehensive plan amendment and that elects not to continue development-of-regional-impact review is exempt from the limitation on plan amendments set forth in s. 163.3187(1) for the year following the effective date of the exemption. § 380.06(29)(e)

23. What happens to existing DRIs? This subsection does not limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to this chapter. § 380.06(29)(h) [A]ny previously approved development-of-regional-impact development orders shall continue to be effective, but the developer has the option to be governed by s. 380.115(1). § 380.06(29)(e)

24. What happens to existing DRIs? The development shall continue to be governed by the development-of-regional-impact development order and may be completed in reliance upon and pursuant to the development order unless the developer or landowner has followed the procedures for rescission in paragraph (b). § 380.115(1)(a)

25. What happens to existing DRIs? Any proposed changes to those developments which continue to be governed by a development order shall be approved pursuant to s. 380.06(19) as it existed prior to a change in the development-of-regional-impact guidelines and standards, except that all percentage criteria shall be doubled and all other criteria shall be increased by 10 percent. § 380.115(1)(a)

26. What happens to existing DRIs? The development-of-regional-impact development order may be enforced by the local government as provided by ss. 380.06(17) and 380.11. § 380.115(1)(a)

27. What happens to existing DRIs? If requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed. § 380.115(1)(b)