9J-5.003: Definitions
9J-5.006: Future Land Use Element
9J-5.013: Conservation Element
9J-5.019: Transportation Element
PURPOSE AND EFFECT: The purpose and effect are to amend Chapter 9J-5, F.A.C., to implement Chapter 2008-191, Laws of Florida (CS/HB697).
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 implement Chapter 2008-191, Laws of Florida (CS/HB 697), regarding energy efficient land use patterns accounting for existing and future electric power generation and transmission systems, greenhouse gas reduction strategies, strategies to address reduction in greenhouse gas emissions from the transportation sector, factors that affect energy conservation, depicting energy conservation on the future land use map series, and the discouragement of urban sprawl.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that these proposed amendments will have no 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), (10), 163.3180(4) FS.
LAW IMPLEMENTED: 163.3177, 163.3177(6)(a), (b), (d), (j) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 25, 2010, 1:00 p.m.
PLACE: Department of Community Affairs, Randall Kelley Training Center, Room 305, 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, Director of Intergovernmental and Public Affairs, Department of Community Affairs, 2555 Shumard Oak Boulevard, 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-5.003 Definitions.
As used in this rule chapter, the terms defined in Section 163.3164, F.S., shall have the meanings provided in that section. In addition, the following definitions are provided to clarify terms used in this rule chapter and not to establish or limit regulatory authority of other agencies or programs; however, local governments may choose alternative definitions which the Department shall review to determine whether such definitions accomplish the intent of both this rule chapter and of Chapter 163, Part II, F.S. The use of definitions in this rule which were adopted by rule amendment shall not have the effect of rendering not in compliance a plan or plan amendment adopted prior to the effective date of the rule amendment, nor of changing definitions of terms used in a plan or plan amendment adopted prior to the effective date of the rule amendment.
(1) through (40) No change.
(41) “Energy efficient land use pattern” means an arrangement of land uses that reduces energy use per capita for transportation, housing, and infrastructure, accounting for existing and future electric power generation and transmission systems.
(41) through (142) renumbered (42) through (143) No change.
Rulemaking Specific Authority 163.3177(9), (10) FS. Law Implemented 163.3177, 163.3178 FS. History–New 3-6-86, Amended 10-20-86, 11-22-89, 4-2-92, 3-23-94, 5-18-94, 3-21-99, 2-25-01, _________.
9J-5.006 Future Land Use Element.
The purpose of the future land use element is the designation of future land use patterns as reflected in the goals, objectives and policies of the local government comprehensive plan elements. Future land use patterns are depicted on the future land use map or map series within the element.
(1) through (2)(g) No change.
(h) An analysis of urban sprawl based on the methodology provided in subsection 9J-5.006(5), F.A.C.
(i) Identification of land use strategies to achieve energy efficient land use patterns, increase energy conservation, and reduce greenhouse gas emissions. At a minimum, the following strategies shall be analyzed for areas planned for urban development or redevelopment:
1. Compact, mixed use development that increases the proximity of complementary uses, including housing, jobs, schools, other public services, shopping, and recreation, and transit services;
2. Minimum density and intensity standards that support transit, walking, and bicycling;
3. Higher gross densities and gross intensities;
4. Incentives for urban infill and redevelopment, including provisions for adequate infrastructure and services; and
5. Design standards which support the development of energy efficient places, neighborhoods, and transportation corridors, including standards that promote water conservation.
(3) through (b)9. No change.
10. Encourage the use of innovative land development regulations which may include provisions for planned unit developments and other mixed land use development techniques; and
11. Ensure the availability of dredge spoil disposal sites for coastal counties and municipalities that have spoil disposal responsibilities; and.
12. Achieve energy efficient land use patterns that conserve energy and reduce per capita greenhouse gas emissions.
(c) through 6. No change.
7. Establishment of standards for maximum and, where appropriate, minimum densities or intensities of use for each future land use category;
8. Identification, designation and protection of historically significant properties; and
9. Designation of dredge spoil disposal sites for counties and municipalities located in the coastal area and include the criteria for site selection established in consultation with navigation and inlet districts and other appropriate state and federal agencies and the public. Site selection criteria shall ensure sufficient sites to meet future needs, be consistent with environmental and natural resource protection policies established in the elements of this plan and meet reasonable cost and transportation requirements;.
10. Discouragement of urban sprawl; and
11. Achievement of energy efficient land use patterns that conserve energy and reduce per capita greenhouse gas emissions.
(4) through (b)4. No change.
5. Minerals and soils; and
6. Coastal high hazard areas; and.
7. Other natural resource factors that affect energy conservation.
Rulemaking Specific Authority 163.3177(9), (10), 163.3180(14) FS. Law Implemented 163.3177(1), (2), (4), (5), (6)(a), (d), (8), (9), (10), (11), 163.3178, 163.3180(13), (15) FS. History–New 3-6-86, Amended 10-20-86, 4-2-92, 3-23-94, 5-18-94, 3-21-99, 2-25-01, ________.
9J-5.013 Conservation Element.
The purpose of the conservation element is to promote the conservation, use and protection of natural resources.
(1) through (c) No change.
(d) Identify natural resource factors that affect energy conservation.
(2) through (b)2. No change.
3. Conserve, appropriately use and protect minerals, soils and native vegetative communities including forests; and
4. Conserve, appropriately use and protect fisheries, wildlife, wildlife habitat and marine habitat; and.
5. Conserve and protect natural resource factors that affect energy conservation.
(c) through 8. No change.
9. Designation of environmentally sensitive lands for protection based on locally determined criteria which further the goals and objectives of the conservation element; and
10. Management of hazardous wastes to protect natural resources; and.
11. Conserve and protect natural resource factors that affect energy conservation.
(3) No change.
Rulemaking Specific Authority 163.3177(9), (10) FS. Law Implemented 163.3177, 163.3178 FS. History–New 3-6-86, Amended 10-20-86, 5-18-94,________.
9J-5.019 Transportation Element.
(1) APPLICATION AND PURPOSE. A local government which has all or part of its jurisdiction included within the urban area of a Metropolitan Planning Organization (MPO) pursuant to Section 339.175, F.S., shall prepare and adopt a transportation element consistent with the provisions of this Rule and Chapter 163, Part II, F.S. Local governments that are not located within the urban area of a MPO shall adopt traffic circulation, mass transit, and ports, aviation and related facilities elements consistent with the provisions of this rule and Chapter 163, Part II, F.S., except that local governments with a population of 50,000 or less, as determined under Section 186.901, F.S., shall not be required to prepare mass transit or ports, aviation and related facilities elements. Within a designated MPO area, the transportation elements of the local plans shall be coordinated with the long range transportation plan of the MPO. The purpose of the transportation element shall be to plan for a multimodal transportation system that places emphasis on public transportation systems. All local governments shall adopt strategies to reduce greenhouse gas emissions from the transportation sector and support energy efficient land use patterns.
(2) through (3)(e) No change.
(f) An analysis of the projected transportation system levels of service and system needs based upon the future land use categories, including their densities or intensities of use as shown on the future land use map or map series, and the projected integrated transportation system. The analysis shall demonstrate integration and coordination among the various modes of transportation, including public transit, bicycle, pedestrian, rail, airport and seaport facilities. The analysis shall address the need for new facilities and expansions of alternative transportation modes to provide a safe and efficient transportation network and enhance mobility. The methodologies used in the analysis, including the assumptions used, modeling applications, and alternatives considered shall be included in the plan support document. The analysis shall address the effect of transportation concurrency management areas, if any pursuant to subsection 9J-5.0055(5), F.A.C., and the effect of transportation concurrency exceptions if any, pursuant to subsections 9J-5.0055(6) and (7), F.A.C.
(g) through (i) No change.
(j) An analysis which identifies land uses and transportation management programs necessary to promote and support a multimodal public transportation system to reduce vehicle miles traveled and greenhouse gas emissions in designated public transportation corridors.
(k) No change.
(l) An analysis of transportation strategies to reduce greenhouse gas emissions from the transportation sector including: transportation demand management, multimodal mobility, and reducing vehicle miles traveled.
(4) through (a) No change.
(b) The element shall contain one or more specific objectives for each goal statement which address the requirements of subsections 163.3177(6)(b), (6)(j), (7)(a), and (7)(b), F.S., and which:
1. Provide for a safe, convenient, and energy efficient multimodal transportation system that furthers the reduction of greenhouse gas emissions;
2. through 10. No change.
(c) The element shall contain one or more policies for each objective which address implementation activities for the:
1. through 22. No change.
23. Establishment of strategies to reduce greenhouse gas emissions.
(5) No change.
Rulemaking Specific Authority 163.3177(9), (10) FS. Law Implemented 163.3177(1), (3), (5), (8), (9), (10), 163.3178, 163.3180(13), (15) FS. History–New 3-6-86, Amended 3-21-99, 2-25-01,________.