(1) The
guidelines and standards in Rules
28-24.015 -.017,
28-24.019 -.021,
28-24.023 -.024 and
28-24.026 -.027, F.A.C., for developments required to undergo
development-of-regional-impact review shall apply to developers who receive
authorization to commence development from the local government on or after
October 1, 1985.
(2) The guidelines
and standards in Rules
28-24.018,
28-24.022,
28-24.025 and
28-24.028, F.A.C.,
for developments required to undergo development-of-regional-impact review
shall apply to developers who received authorization to commence development
for these uses from the local government on or after October 1, 1985 through
June 30, 1988.
(3) The guidelines
and standards in Rule
28-24.0281, F.A.C., for developments required to undergo
development-of-regional-impact review shall apply to developers who receive
authorization to commence development for this use from the local government on
or after July 1, 1986 through June 30, 1993.
(4) The guidelines and standards in Rules
28-24.029,
28-24.031 and
28-24.032, F.A.C., for developments required to
undergo development-of-regional-impact review shall apply to developers who
receive authorization to commence development for these uses from the local
government on or after July 1, 1988.
(5) Pursuant to the requirements of Section
369.307, F.S., the numerical thresholds for the types of development listed
under the guidelines and standards in Rule
28-24.013, and subsections (1), (2),
(3), (4), (6), (7), (8) and (9) in Rule
28-24.014, F.A.C., shall be reduced by
50 percent when applied to proposed developments entirely or partially located
within the Wekiva River Protection Area where the developer received
authorization to commence development from the local government on or after
June 17, 1988.
(6) The guidelines
and standards in Rule
28-24.030, F.A.C., for developments required to undergo
development-of-regional-impact review shall apply to developers who receive
authorization to commence development for this use from the local government on
or after July 1, 1988 until July 5, 1989.
(7) The guidelines and standards in Rule
28-24.033, F.A.C., for developments required to undergo
development-of-regional-impact review shall apply to developers who receive
authorization to commence development for this use from the local government on
July 6, 1989.
(8) The guidelines
and standards in Rule
28-24.034, F.A.C., for developments required to undergo
development-of-regional-impact review shall apply to developers who receive
authorization to commence development for this use from the local government on
or after July 7, 1989 until June 30, 1993.
(9) The guidelines and standards in Rules
28-24.035 and
28-24.036, F.A.C., for developments required to undergo
development-of-regional-impact review shall apply to developers who receive
authorization to commence development for these uses from the local government
on or after July 1, 1993.
(10)
(a) Pursuant to Chapter 93-206, Laws of
Florida, the following guidelines and standards shall apply to developments
located within urban central business districts and regional activity centers
for jurisdictions whose local comprehensive plan is in compliance with Part II
of Chapter 163, F.S. These guidelines and standards apply to developments where
the developer received authorization to commence development from the local
government on or after the date on which a local government comprehensive plan
amendment or ordinance as indicated below becomes effective after the date of
adoption of this rule. This amendment shall specifically delineate the
boundaries of an urban central business district or a regional activity center
encompassing the development area and indicate that these boundaries shall be
utilized for increased development-of-regional-impact guidelines and standards,
consistent with the criteria of this rule. In order to expedite the use of
these guidelines and standards, a local government may submit to the state land
planning agency, a proposed ordinance specifically delineating the boundaries
of an urban central business district or a regional activity center
encompassing the development, consistent with the criteria of this rule. Within
thirty (30) days of receipt of the proposed ordinance, the state land planning
agency shall determine whether or not the proposed ordinance is consistent with
the criteria of this rule. If the proposed ordinance is determined by the state
land planning agency to be consistent with the criteria of this rule, then the
guidelines and standards for developments within the designated urban central
business district or regional activity center shall take effect upon adoption
of the ordinance by the local government. The local government shall
subsequently adopt the ordinance designation by an amendment to the local
government comprehensive plan at the next opportunity for amendment. The
following guidelines and standards shall apply to developments within
designated urban central business districts and regional activity centers:
1. For residential, hotel, motel, office, or
retail developments, the applicable guidelines and standards shall increase by
50 percent.
2. The applicable
multi-use guidelines and standards shall increase by 100 percent, provided that
one land use of the multi-use development is residential and the residential
development amounts to not less than 35 percent of the jurisdiction's
applicable residential threshold.
3. For a resort or convention hotel
development, the applicable hotel guidelines and standards shall increase by
150 percent, when the proposed development is located in a county with a
population greater than 500, 000, and the local government specifically
designates that the proposed resort or convention hotel development will serve
an existing convention center of more than 250, 000 gross square feet built
prior to July 1, 1992.
(b) If any portion of a proposed development
is located outside the delineated urban central business district or regional
activity center boundary, then the increased guidelines and standards of
subsection
28-24.014(10), F.A.C., shall not apply.
(c) The following definitions are provided to
clarify terms used in subsection
28-24.014(10), F.A.C., and are not intended to
establish or limit the regulatory authority of other agencies or programs.
1. "Urban Central Business District" means
the single urban core area of a municipality with a population of 25, 000 or
greater, which is located within an urbanized area as identified by the 1990
Census (1990 U.S. Department of Commerce, Bureau of Census publication, Census
of Population and Housing Unit Counts (1990 CPH-2) maps, Report No. 11 for the
State of Florida). The designated area shall be consistent with the local
government comprehensive plan and future land use map intensities, shall
contain mass transit service as defined in Chapter 9J-5, F.A.C., and shall
contain high intensity, high density multi-use development which may include
any of the following: retail; office, including professional and governmental
offices; cultural, recreational, and entertainment facilities; high density
residential; hotels and motels; or appropriate industrial activities.
2. "Regional Activity Center" means a
compact, high intensity, high density multi-use area designated as appropriate
for intensive growth by the local government of jurisdiction and may include:
retail; office; cultural, recreational and entertainment facilities; hotels and
motels; or appropriate industrial activities. The designated area shall be
consistent with the local government comprehensive plan and future land use map
intensities; shall routinely provide service to, or be regularly used by, a
significant number of citizens of more than one county; contain adequate
existing public facilities as defined in Chapter 9J-5, F.A.C., or committed
public facilities, as identified in the capital improvements element of the
local government comprehensive plan; and shall be proximate and accessible to
interstate or major arterial roadways.
(d) The guidelines and standards of
subsection
28-24.014(10), F.A.C., shall not apply to urban central business
district and regional activity centers designated in a local government
comprehensive plan prior to the effective date of this rule. Such prior
designated areas may propose to utilize the criteria of this rule by following
the procedures of paragraph
28-24.014(10)(a), F.A.C. above.
(11) The banded numerical guidelines and
standards in Rules
28-24.015 -.036, F.A.C., shall be applied as follows:
(a) A development that is at or below 80
percent of all numerical thresholds shall not be required to undergo
development-of-regional-impact review.
(b) A development that is between 80 and 100
percent of a numerical threshold shall be presumed to not require
development-of-regional-impact review.
(c) A development that is at 100 percent or
between 100 and 120 percent of a numerical threshold shall be presumed to
require development-of-regional-impact review.
(d) A development that is at or above 120
percent of any numerical threshold shall be required to undergo
development-of-regional-impact review.
(12) The following chart is intended to
illustrate the eighty, one hundred and one hundred twenty percentages of each
numerical threshold. In the event of a conflict between the chart and the
written thresholds, the written thresholds shall control.
|
|
Development
|
Threshold Percentage
|
|
|
Type/Threshold Unit
|
80%
|
100%
|
120%
|
|
|
(a) Expansion Runway/Terminal
|
20%
|
25%
|
30%
|
|
|
(Rule 28-24.015, F.A.C.)
|
|
|
|
|
|
(b) Attraction/Recreation
|
|
|
|
|
|
(Rule 28-24.016, F.A.C.)
|
|
|
|
|
|
1. Single Performance
|
|
|
|
|
|
a. Parking Spaces
|
2,000
|
2,500
|
3,000
|
|
|
b. Seats
|
8,000
|
10,000
|
12,000
|
|
|
2. Serial Performance
|
|
|
|
|
|
a. Parking Spaces
|
800
|
1,000
|
1,200
|
|
|
b. Seats
|
3,200
|
4,000
|
4,800
|
|
|
(c) Hospitals - Beds (Rule 28-24.017, F.A.C.)
|
480
|
600
|
720
|
|
|
(d) Industrial (Rule 28-24.018, F.A.C.)
|
|
|
|
|
|
1. Parking Spaces
|
2,000
|
2,500
|
3,000
|
|
|
2. Acres
|
256
|
320
|
384
|
|
|
(e) Mining (Rule 28-24.019, F.A.C.)
|
|
|
|
|
|
1. Acres
|
80
|
100
|
120
|
|
|
2. Gallons
|
2.4M
|
3.0M
|
3.6M
|
|
|
(f) Office (Rule 28-24.020, F.A.C.)
|
|
|
|
|
|
1. Gross Square Feet
|
240,000
|
300,000
|
360,000
|
|
|
2. Acres
|
24
|
30
|
36
|
|
|
3. Gross Square Feet*
|
480,000
|
600,000
|
720,000
|
|
|
(g) Petroleum Storage (Rule 28-24.021, F.A.C.)
|
|
|
|
|
|
1. Barrels - within 1000 ft. of navigable
water
|
40,000
|
50,000
|
60,000
|
|
|
2. Barrel - all others
|
160,000
|
200,000
|
240,000
|
|
|
(h) Ports (Marinas) (Rule 28-24.022, F.A.C.)
|
|
|
|
|
|
1. Wet Storage or Mooring of Watercraft
|
80
|
100
|
120
|
|
|
2. Dry Storage of Watercraft
|
120
|
150
|
180
|
|
|
3. Wet/Dry Storage or Mooring of Watercraft**
|
240
|
300
|
360
|
|
|
4. Dry Storage of Watercraft in a Marina Constructed
and in Operation prior to
July 1, 1985
|
240
|
300
|
360
|
|
|
(i) Residential - dwelling units (Rule 28-24.023,
F.A.C.)
|
|
|
|
|
|
1. 25, 000 population or less
|
200
|
250
|
300
|
|
|
2. 25, 001-50, 000 population
|
400
|
500
|
600
|
|
|
3. 50, 001-100, 000 population
|
600
|
750
|
900
|
|
|
4. 100, 001-250, 000 population
|
800
|
1,000
|
1,200
|
|
|
5. 250, 001-500, 000 population
|
1,600
|
2,000
|
2,400
|
|
|
6. 500, 001 population or more
|
2,400
|
3,000
|
3,600
|
|
|
(j) Schools (Rule 28-24.024, F.A.C.)
|
|
|
|
|
|
1. Full Time Equivalent Students
|
2,400
|
3,000
|
3,600
|
|
|
2. Expansion in design population - percentage
|
16%
|
20%
|
24%
|
|
|
(k) Retail (Rule 28-24.025, F.A.C.)
|
|
|
|
|
|
1. Gross Square Feet
|
320,000
|
400,000
|
480,000
|
|
|
2. Acres
|
32
|
40
|
48
|
|
|
3. Parking Spaces
|
2,000
|
2,500
|
3,000
|
|
|
(l) Hotel/Motel (Rule 28-24.026, F.A.C.)
|
|
|
|
|
|
1. Rooms
|
280
|
350
|
420
|
|
|
2. Rooms*
|
600
|
750
|
900
|
|
|
(m) Recreational Vehicle - Spaces (Rule 28-24.027,
F.A.C.)
|
400
|
500
|
600
|
|
|
(n) Multi-Use - Percentage (Rule 28-24.028,
F.A.C.)
|
104
|
130
|
156
|
|
|
(o) Airports Expansion Runway/Terminal (Rule
28-24.0281, F.A.C.)
|
20
|
25
|
30
|
|
|
(p) Industrial Plants, Industrial Parks and
Distribution,
|
|
|
|
|
|
Warehousing or Wholesaling Facilities (Rule
28-24.029, F.A.C.)
|
|
|
|
|
|
1. Parking spaces
|
2,000
|
2,500
|
3,000
|
|
|
2. Acres
|
256
|
320
|
384
|
|
|
(q) Port Facilities (Rule 28-24.030, F.A.C.)
|
|
|
|
|
|
1. Wet Storage or Mooring of Watercraft
|
120
|
150
|
180
|
|
|
2. Dry Storage of Watercraft
|
160
|
200
|
240
|
|
|
3. Wet or Dry Storage or Mooring of Watercraft in
areas designated by Governor and Cabinet**
|
240
|
300
|
360
|
|
|
4. Dry Storage of Watercraft in a Marina Constructed
and in Operation prior to
July 1, 1985
|
240
|
300
|
360
|
|
|
5. Mixture of Wet and Dry Mooring or Storage of
Watercraft - Percentage
|
80
|
100
|
120
|
|
|
(r) Retail and Service Development (Rule 28-24.031,
F.A.C.)
|
|
|
|
|
|
1. Gross Square Footage
|
320,000
|
400,000
|
480,000
|
|
|
2. Acres
|
32
|
40
|
48
|
|
|
3. Parking spaces
|
2,000
|
2,500
|
3,000
|
|
|
(s) Multi-Use Developments (Rule 28-24.032,
F.A.C.)
|
|
|
|
|
|
1. Two or more land uses
|
116
|
145
|
174
|
|
|
2. Three or more land uses, one of which is
residential with at least 100 dwelling
units or 15 percent of the applicable residential
threshold, whichever is greater
|
128
|
160
|
192
|
|
|
(t) Port Facilities (Rule 28-24.033, F.A.C.)
|
|
|
|
|
|
1. Wet Storage or Mooring of Watercraft
|
120
|
150
|
180
|
|
|
2. Dry Storage of Watercraft
|
160
|
200
|
240
|
|
|
3. Wet or Dry Storage or Mooring of Watercraft with
all necessary approvals
pursuant to Chapters 253, 373, and 403, F.S., and
located outside Outstanding
Florida Waters and Class II waters
|
320
|
400
|
480
|
|
|
4. Dry Storage of Watercraft in a Marina Constructed
and in Operation prior to
July 1, 1985
|
240
|
300
|
360
|
|
|
5. Mixture of Wet and Dry Mooring or Storage of
Watercraft - Percentage
|
80
|
100
|
120
|
|
|
(u) Port Facilities (Rule 28-24.034, F.A.C.)
|
|
|
|
|
|
1. Wet Storage or Mooring of Watercraft
|
120
|
150
|
180
|
|
|
2. Dry Storage of Watercraft
|
160
|
200
|
240
|
|
|
3. Wet or Dry Storage or Mooring of Watercraft with
all necessary approvals
pursuant to Chapters 253, 373, and 403, F.S., and
located outside Outstanding
Florida Waters and Class II waters
|
320
|
400
|
480
|
|
|
4. Dry Storage of Watercraft in a Marina Constructed
and in Operation prior to
|
240
|
300
|
360
|
|
|
July 1, 1985
|
|
|
|
|
|
5. Mixture of Wet and Dry Mooring or Storage of
Watercraft - Percentage
|
80
|
100
|
120
|
|
|
(v) Airports (Rule 28-24.035, F.A.C.)
|
|
|
|
|
|
Expansion Runway/Terminal ***
|
20
|
25
|
30
|
|
|
1. Percentages
|
|
|
|
|
|
2. Gross Square Footage
|
40,000
|
50,000
|
60,000
|
|
|
(w) Port Facilities (Rule 28-24.036, F.A.C.)
|
|
|
|
|
|
1. Wet Storage or Mooring of Watercraft
|
120
|
150
|
180
|
|
|
2. Dry Storage of Watercraft
|
160
|
200
|
240
|
|
|
3. Wet or Dry Storage or Mooring of Watercraft with
all necessary approvals
|
320
|
400
|
480
|
|
|
pursuant to Chapters 253, 373, and 403, F.S., and
located outside
|
|
|
|
|
|
Outstanding Florida Waters and Class II waters
|
|
|
|
|
|
4. Dry Storage of Watercraft in a Marina Constructed
and in Operation prior to
|
240
|
300
|
360
|
|
|
July 1, 1985
|
|
|
|
|
|
5. Mixture of Wet and Dry Mooring or Storage of
Watercraft - Percentage
|
80
|
100
|
120
|
|
|
6. Wet or Dry Storage or Mooring of Watercraft
adjacent to an inland
|
120
|
150
|
180
|
|
|
freshwater lake****
|
|
|
|
|
|
7. Wet or Dry Storage or Mooring of Watercraft of 40
feet in length or less of
|
40
|
50
|
60
|
|
|
any type or purpose.*****
|
|
|
|
*In counties with population greater than 500, 000, and only
in geographic areas specifically designated as highly suitable for increased
threshold intensity in the approved local comprehensive plan and the
comprehensive regional policy plan.
**In areas designated by the Governor and Cabinet in the
state marina siting plan as suitable for marina construction.
***Expansion of existing terminal facilities at a non-hub or
small hub commercial service airport shall not be presumed to be a DRI.
****Except for Lake Okeechobee or any lake which has been
designated an Outstanding Florida Water.
*****Exceptions to Section 380.0651(3)(e), F.S., requirements
for DRI review shall not apply to any water port or marina facility located
within or which serves physical development located within a coastal barrier
resource unit on an unbridged barrier island designated pursuant to 16 U.S.C. 3501.
