9J-5.026: Rural Land Stewardship Area (RSLA)
PURPOSE AND EFFECT: The purpose and effect are to amend the rule to implement current statutory requirements regarding the Rural Land Stewardship Program.
SUMMARY: The proposed amendments to Chapter 9J-5, F.A.C., pertaining to criteria for the review of local government comprehensive plans and plan amendments, modify the rules to comply with subsection 163.3177(11), F.S. regarding rural land stewardship areas. Specifically, the proposed amendments add Rule 9J-5.026, F.A.C. The purpose of Rule 9J-5.026, F.A.C., is to establish rules for designating a rural land stewardship area. It specifies the substantive compliance requirements for rural land stewardship area plan amendments and explains how the Department will determine the compliance of a rural land stewardship area plan amendment. These rules establish minimum criteria which may be exceeded by local governments.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule amendment will not have an impact on small business. A statement of estimated regulatory costs was prepared. A copy can be obtained from Robert Pennock at the address listed below.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 163.3177(9), (11)(h) FS.
LAW IMPLEMENTED: 163.3177(2), (3), (6)(a), (8), (10)(e), (11)(a), (b), (d)1., 2., 4., 5., 6. FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2009, 1:00 p.m.
PLACE: Randall Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sheri Coven, Intergovernmental Affairs Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)922-1600. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771(TDD) or 1(800)955-8770(Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert Pennock, Strategic Planning Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1735
THE FULL TEXT OF THE PROPOSED RULE IS:
9J-5.026 Rural Land Stewardship Area (RLSA).
(1) Purpose of RLSA. The RLSA is an optional, enhanced rural planning process which counties may elect to use. The purpose of RLSA is to further the statutory principles of rural sustainability through innovative and flexible planning and development strategies and incentives. RLSA encourages landowners to permanently conserve agricultural lands, and ecosystems, habitats, and natural resources in return for transferable rural land use credits to be used on other suitable RLSA land.
(2) Adoption of a RLSA Plan Amendment. A county, or counties in the case of a multi-county RLSA, may adopt a plan amendment(s) to designate a RLSA 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 notification by local government, the Department’s authorization, and the adoption of a plan amendment designating a RLSA.
(3) Definitions.
(a) “Designated Receiving Area” means a delineated land area designated by land development regulation within an Eligible Receiving Area 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 by land development regulation for conservation or agricultural use and assigned stewardship credits.
(c) “Eligible Receiving Area” means an area designated on the RLSA overlay map to delineate where “Designated Receiving Areas” can be subsequently located.
(d) “Greenbelt” means a border of permanently undeveloped land sufficient in size to effectively preclude the expansion of urban development into the surrounding rural lands and to provide an effective buffer to protect the surrounding rural resources from development impacts.
(e) “Stewardship credits” means transferable rural land use credits assigned to lands within a RLSA. Stewardship credits do not constitute development rights until they are transferred to parcels within Designated Receiving Areas for the sole purpose of implementing innovative planning and development strategies and creative land use planning techniques established for the RLSA.
(f) “Stewardship easement” means a covenant or restrictive easement running with the land which specifies the allowable uses and development restrictions for the portion of a Designated Sending Area from which stewardship credits have been transferred. 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.
(4) Threshold Eligibility Requirements. To be eligible for designation as a RLSA, a proposed RLSA must meet the following eligibility requirements:
(a) A RLSA may encompass land in one county or multiple 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 land.
(c) A RLSA must consist of lands classified in the future land use element as predominantly agricultural, rural, open, open-rural, or a substantively equivalent land use.
(5) Mandatory Substantive Requirements. Except as otherwise provided in paragraph (7)(b), 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 163.3177(11), F.S., and Rule 9J-5.026, F.A.C., for the designation of a RLSA.
(6) Rural Sustainability. A RLSA plan amendment must further the following statutory principles of rural sustainability:
(a) Restoration and maintenance of the economic value of rural land;
(b) Control of urban sprawl;
(c) Identification and protection of ecosystems, habitats, and natural resources;
(d) Promotion of rural economic activity;
(e) Maintenance of the viability of Florida’s agricultural economy; and
(f) Protection of the character of rural areas of Florida.
(7) Data and Analysis Requirements. Except as provided in paragraph (7)(b), the data and analysis requirements that apply to all plan amendments also apply to RLSA amendments. This subsection establishes RLSA-specific data and analysis requirements that are in addition to the requirements for all plan amendments. The data and analysis shall address:
(a) Existing Conditions. Data and analysis of existing conditions provides the necessary foundation for developing the RLSA plan amendment consistent with subsection 9J-5.005(2), F.A.C. The data and analysis must cover the RLSA and the surrounding lands within the same county(ies) that may impact or be impacted by the RLSA and shall include the following:
1. Identify current agricultural land uses, activities, and economic conditions and include an existing conditions map of current agricultural areas.
2. Analyze the potential probable or projected future agricultural land uses and the suitability of the land for agricultural uses.
3. Analyze the potential effects of development and spatial fragmentation on agriculture for both existing and allowable land use and future land uses permitted by the RLSA overlay.
4. Analyze the adequacy of suitable land in the RLSA to accommodate development so as to avoid conflict with environmentally sensitive areas, resources, and habitats.
5. Identify and describe the existing, locally specific rural character by analyzing its land use, development patterns, and economic, social, cultural, historic, scenic, landscape, recreational, and environmental elements.
6. Inventory and identify ecosystems, habitats, and natural resources. The inventory shall include ground water recharge areas, watersheds 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. These natural resources shall be depicted on an existing conditions map.
7. Analyze geographic connections between RLSA resources and larger systems and networks such as water systems, wildlife corridors, greenways, and trails.
8. Analyze the potential threats to natural resources, including urbanization, economic, biological, and spatial fragmentation and whether the RLSA may help to minimize such threats.
9. Identify 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, or benefit from, the RLSA.
10. Analyze landscape and development conditions, 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 development and rural sustainability in the RLSA.
(b) Population Projections and Analysis of Land Use Need. Population projections and analysis of land use need shall be prepared in accordance with Rule 9J-5.006, F.A.C., with the following modifications: The amount and extent of allowable development in the RLSA must be based on the 25-year or greater projected population of the RLSA; the anticipated effect of the proposed RLSA receiving areas, including any committed catalyst projects, infrastructure improvements, or other projects that would attract and support development; the furtherance of the statutory principles of rural sustainability; and the goals, objectives, and policies of the RLSA plan amendment.
(c) Land Values Analysis for Stewardship Credit System. Conduct a land values analysis for use in assigning stewardship credits and for determining the most suitable locations for Eligible and Designated Receiving Areas. The analysis shall include 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 landscape ecology, including landscape linkages and wildlife 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 buffer zones to mitigate incompatibilities and enhance environmental and other values;
3. All existing permanent protection measures, 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 rural resources under threat require more incentives via stewardship credits and less threatened resources require lesser incentives. This includes the future threat of low-density sprawl on lands within and surrounding Eligible 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.
6. Values shall be assigned to all of the land in the RLSA. The highest values shall be assigned to the most environmentally valuable land, and to open space and agricultural land where the retention of such lands is a priority. The assignment of values shall be submitted with the RLSA plan amendment as part of the supporting data and analysis.
(8) Stewardship Credit System Criteria. The stewardship credit system must be based on the land values analysis and structured to achieve the purpose of the RLSA planning process. The designating RLSA plan amendment shall either incorporate or require adoption by separate ordinance of a stewardship credit methodology that complies with the following criteria:
(a) Each credit shall represent a defined number of residential units or a defined amount of non-residential square footage. The credit transferee may decide whether to use the credit for a residential or non-residential use in accordance with the land use standards established for the Designated Receiving Area.
(b) The maximum number of credits for the entire RLSA shall be established and shall equal the maximum amount of development allowed in the RLSA.
(c) Credits shall be assigned to each acre of land based on the land values analysis required by paragraph (7)(c).
(d) Credits for a Designated Sending Area shall be assigned at the time the sending area is designated. However, any change in the characteristics of the land that affects the land values analysis shall require a corresponding change in the assignment of credits prior to the transfer of credits.
(e) Credits may be transferred from a Designated Sending Area directly to a parcel within a Designated Receiving Area in order to increase density or intensity of land use 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.
(f) 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 Area or portion thereof from which all credits have been transferred. The easement shall be 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 agricultural activities, including agricultural-related development as provided in subparagraph (9)(a)10., and agricultural uses that are compatible with conservation uses.
(g) The local government may require that the easement or restrictive covenant provide for the 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.
(h) To encourage the restoration, management, and maintenance of conservation lands through stewardship easements, credit bonuses may be allowed as determined by the RLSA plan amendment. 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.
(i) 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 RLSA plan amendment. 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.
(9) Goals, Objectives, Policies, and Map. The RLSA plan amendment shall contain goals, objectives, policies, and a RLSA overlay map(s) that set forth the innovative planning and development strategies to be applied in the RLSA. The goals, objectives, and policies and overlay map(s) shall be based upon relevant and appropriate data and analysis, shall be internally consistent with the other elements of the local comprehensive plan, and shall further the principles of rural sustainability.
(a) The goals, objectives, and policies shall include the following:
1. The planning period, maximum amount of development, and maximum amount of land that can be developed in the RLSA. The maximum amount of allowable residential and non-residential development and the maximum amount of land that can be developed shall be based on the analysis required by paragraph (7)(b).
2. The total amount of development and the amount of land that can be developed shall be compatible with and protect the rural resources and the overall rural character of the RLSA and surrounding lands within the same counties in which the RLSA is located that may impact or be impacted by the RLSA, including agricultural activities, and ecosystems, habitats, and natural resources.
3. Identification of the innovative planning and development strategies to be used within the RLSA, and a process for implementing the strategies, including the adoption of implementing plan amendments, land development regulations, and the issuance of development orders. The process shall include provision for the Department’s review of a proposed land development regulation to designate a receiving area for consistency with the RLSA plan amendment.
4. The incentives that may be provided to RLSA landowners to implement the RLSA in addition to the stewardship credit system.
5. The criteria to be used in establishing the methodology for the creation, conveyance, assignment, transfer, use, and recording of stewardship credits, including the criteria in paragraph (8). The methodology for the stewardship credit system shall either be incorporated into the initial, designating RLSA plan amendment or adopted by separate ordinance. All development utilizing the transfer of stewardship credits shall be located in Designated Receiving Areas.
6. A requirement that Eligible Receiving Areas shall be located on land that is suitable for development and have the lowest land values based on the land values analysis conducted pursuant to paragraph (7)(c).
7. The criteria and process for establishing Designated Sending Areas, and Designated Receiving Areas in Eligible Receiving Areas. This shall include minimum standards for the filing and review of applications for the designation of sending and receiving areas.
8. Criteria to ensure that the number, size, location, shape, pattern, and distribution of Designated Receiving Areas, individually and collectively, are consistent with and further the principles of rural sustainability.
9. A ministerial process for depicting Designated Receiving Areas and Designated Sending Areas on the future land use map(s) after they have been designated by land development regulations. The ministerial action shall not be deemed a plan amendment and shall not require a compliance review pursuant to Section 163.3184, F.S.
10. Provision for agricultural-related uses, including farmworker housing, businesses, and industries, that will support, maintain, and sustain the rural and agricultural economies. These uses may be located in Designated Receiving Areas, and in other RLSA lands if permitted by the underlying land use category or any applicable stewardship easement and if sited on lands suitable for such uses. Land uses permitted by an underlying land use category are not presumed to be agricultural-related uses for land from which stewardship credits have been transferred.
11. Provision for adequate available workforce housing, including low, very-low and moderate income housing for the development in the Designated Receiving Areas and for persons working in agriculture and other rural industries in the RLSA.
12. Compatibility standards and techniques, including greenbelts, buffers, setbacks, and density and intensity gradations, to ensure separation between urban and rural uses and to provide adequate protection of ecosystems, habitats, and natural resources, and agricultural lands.
13. Measures for the protection, restoration and maintenance of ecosystems, habitats, and natural resources through stewardship easements and other means.
14. Criteria for rural road corridors and rural design principles to be used in connecting Designated Receiving Areas with the rest of the RLSA.
15. Standards for the establishment of receiving area service boundaries for each Designated Receiving Area which provide for a 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.
16. Provisions regarding the further development of existing rural settlements such as cross-roads communities and partially built subdivisions, including consideration of those areas as most suitable for Designated Receiving Areas.
17. Description of the types and forms of development allowed in Designated Receiving Areas and standards for the size, location, mix of uses, density and intensity of uses, and design of each type or form of allowable development. The standards shall include a compact, functional mix of land uses; timing and phasing requirements necessary to achieve a functional mix; energy efficient land use patterns; the internal capture of vehicle trips; and minimization of vehicle miles traveled and greenhouse gas emissions.
18. Policies for new towns which comply with the following:
a. As required by subsection 9J-5.003(80) and paragraph 9J-5.006(5)(l), F.A.C., a new town shall be designated on the future land use map. A new town shall be located within a Designated Receiving Area. The plan amendment designating a new town shall include a master development plan that establishes the size of the new town, the amount, location, type, density and intensity of development, and the design standards to be utilized in the new town.
b. Any increase in the density or intensity of land use required to achieve the proposed new town may occur only through the use of stewardship credits assigned or transferred to the Designated Receiving Area either prior to or subsequent to the designation of the new town on the future land use map.
c. New towns shall be surrounded by greenbelts, except for any connecting rural road corridors and to the extent that new towns are adjacent to existing or planned urban development or incorporated areas.
d. A future land use map amendment to designate a new town shall be internally consistent with the RLSA provisions of the comprehensive plan.
e. A future land use map amendment to designate a new town shall be accompanied by an amendment to the capital improvements element to incorporate a financially feasible five-year capital improvements schedule for the public facilities necessary to serve the new town and an amendment to the transportation or traffic circulation element to designate any new rural road corridors required to connect the new town with the rest of the RLSA.
19. Provisions to ensure that any use of the underlying densities and intensities of land uses assigned to parcels of land by the county comprehensive plan prior to designation of the RLSA furthers the principles of rural sustainability.
20. A process that encourages visioning and public participation in the planning, design, and development of the RLSA to ensure that the RLSA innovative planning and development strategies are properly implemented.
21. A process for monitoring and periodic evaluation of the RLSA plan amendment and its implementation, including an evaluation and updating of the land values analysis.
(b) The RLSA overlay map(s) shall be adopted as part of the future land use map series. The overlay map(s) shall cover all of the lands in the RLSA. Based on the land values analysis, the overlay map(s) shall depict the Eligible Receiving Areas, and the ecosystems, habitats, natural resources, open space and agricultural lands to be protected.
Rulemaking Authority 163.3177(9), (11)(h) FS. Law Implemented 163.3177(2), (3), (6)(a), (8), (10)(e), (11)(a), (b), (d)1., 2., 4., 5., 6. FS. History–New________.