The Countywide Plan Rules

Article 5 – Countywide Plan Map Amendment

DIV. 5.1 – COUNTYWIDE PLAN MAP AMENDMENTS / GENERAL ACTION

SEC. 5.1.1 – Application

SEC. 5.1.2 – Procedures

SEC. 5.1.3 – Determination

SEC. 5.1.4 – Official Record

DIV. 5.2 – COUNTYWIDE PLAN MAP AMENDMENTS / SPECIAL ACTION

SEC. 5.2.1 – Alternative Compromise Recommendation

SEC. 5.2.2 – Continuation

SEC. 5.2.3 – Withdrawal

SEC. 5.2.4 – Resubmission

SEC. 5.2.5 – Modification

DIV. 5.3 – COUNTYWIDE PLAN MAP AMENDMENTS / SUBTHRESHOLD REVIEW

SEC. 5.3.1 – Purpose

SEC. 5.3.2 – Procedure

SEC. 5.3.3 – Determination

SEC. 5.3.4 – Subthreshold Amendment Types

SEC. 5.3.5 – Interpretations

DIV. 5.4 – COUNTYWIDE PLAN MAP AMENDMENTS / ECONOMIC DEVELOPMENT – EXPEDITED REVIEW

SEC. 5.4.1 – Purpose

SEC. 5.4.2 – Procedure

DIV. 5.5 – COUNTYWIDE PLAN MAP AMENDMENTS / REGULAR REVIEW

SEC. 5.5.1 – Purpose

SEC. 5.5.2 – Procedure

SEC. 5.5.3 – Review Criteria

DIV. 5.1 COUNTYWIDE PLAN MAP AMENDMENTS / GENERAL ACTION.

SEC. 5.1.1 APPLICATION.

Local governments may initiate Countywide Plan Map amendments only as provided for in this Article in accordance with Section 10 of Chapter 88-464, Laws of Florida, as amended, and the particular procedures established in these Countywide Rules. No amendment to the Countywide Plan Map shall be considered by the PPC until the local government applying for such amendment has established jurisdiction.

Applications for amendment of the Countywide Plan Map shall be preceded by, and based upon, a local ordinance considered at public hearing and authorized by an affirmative vote of the governing body for transmittal of, and concurrence with, the local government future land use map amendment; subject to any requisite determination of compliance by the State Land Planning Agency pursuant to Chapter 163, Part II, Florida Statutes, adoption of an ordinance effectuating a consistent amendment of the Countywide Plan Map by the Countywide Planning Authority pursuant to Chp. 88-464, Laws of Florida, and final action by the local governing body.

SEC. 5.1.2 PROCEDURES.

Countywide Plan Map amendments shall be considered according to the following process, consistent with the more detailed wording set forth in Chapter 88-464, Laws of Florida, as amended, CPA Resolution No. 90-205, and as provided for in each Division in this Article.

5.1.2.1
Initiation. Only the governing body may initiate an amendment to the Countywide Plan Map for a particular parcel of property over which it has jurisdiction. Application for amendment of the Countywide Plan Map shall be transmitted to the PPC subsequent to the initial action by the governing body authorizing the transmittal of and concurrence with the local ordinance, and prior to finalizing adoption of the local ordinance, except where Chapter 163.3187(1)(c) 3., Florida Statutes, provides for a small scale map amendment to be adopted based on a single public hearing.

5.1.2.2
Submission of Application. Before an application of a Countywide Plan Map amendment shall be heard by the PPC, a written application shall be submitted in a form established by the PPC. In order to qualify for formal receipt and action by the PPC, a complete application shall be filed in the office of the PPC not later than twenty-eight (28) days prior to the PPC meeting at which it is eligible to be considered.

5.1.2.3
Determination of Completeness. The Executive Director shall have the authority to make the interpretation as to the completeness of a submitted application to amend the Countywide Plan Map. If the Executive Director determines that the submitted application is not complete, the Executive Director shall provide written notice to the applicant specifying the deficiencies. No action shall be taken on the requested amendment until the Executive Director determines that the deficiencies have been remedied.

5.1.2.4
Notice and Public Hearing by PPC. The PPC shall hold a public hearing, advertised and noticed as required by Chapter 88-464, Laws of Florida, as amended, prior to taking action on a requested amendment of the Countywide Plan Map. A single published advertisement and requisite mailed notice for all amendments shall be provided which shall include notice of both the PPC and CPA public hearings.

5.1.2.5
Recommendation by PPC. The PPC shall make a recommendation to the CPA within sixty (60) days of receipt of a complete application for amendment.

SEC. 5.1.3
DETERMINATION.

Amendments to the Countywide Plan Map shall be reviewed by and require the approval of the CPA upon recommendation of the PPC. Decisions of the PPC and the CPA, with respect to the disposition of Countywide Plan Map amendments, are considered legislative in nature.

5.1.3.1
PPC Action. The PPC may recommend approval, denial, continuation or alternative action to the CPA; any of which such recommendations shall constitute action by the PPC within the stipulated sixty (60) day period.

5.1.3.2
Notice of Denial. The PPC shall, within five (5) days, notify the applicant local government in writing of any recommendation by the PPC to deny an amendment eligible for administrative hearing and shall advise the applicant local government of their right to apply for such administrative hearing and the time limitation applicable thereto.

5.1.3.3
Right to Administrative Hearing. If the PPC recommends denial of an amendment to the Countywide Plan Map relating to the land use designation of a particular parcel of land, any substantially affected person may apply for an administrative hearing within twenty-one (21) days of denial.

5.1.3.4
Applications for Administrative Hearing. All applications for administrative hearing by a substantially affected person will be filed with the office of the PPC within twenty-one (21) days of denial. Said application will be in a form for consideration under, and subject to the procedures of, Chapter 120, Florida Statutes. In the event an application for administrative hearing is filed, the Countywide Plan Map amendment shall not be considered by the CPA pending disposition of the administrative hearing.

5.1.3.5
CPA Consideration. The CPA shall consider an application for amendment of the Countywide Plan Map upon receipt of the recommendation of the PPC.

5.1.3.6
Public Hearing by CPA. The CPA shall hold a public hearing, advertised and noticed as required by Chapter 88-464, Laws of Florida, as amended, prior to taking action on a requested amendment of the Countywide Plan Map.

5.1.3.7
CPA Action. The CPA may approve or deny the application for amendment upon consideration of the recommendation of the PPC. Any action by the CPA contrary to the PPC recommendation shall require a majority plus one vote of the entire CPA.

5.1.3.8
Reconsideration. The reconsideration of any action on an amendment by the PPC or CPA shall be as otherwise prescribed by the respective operating procedures of each the PPC and the CPA. In the absence of such defined operating procedures, reconsideration shall be by motion of a member of the prevailing side on the applicable amendment vote, and affirmative action on such motion, at the same meeting at which the initial action was taken.

5.1.3.9
Right to Administrative Hearing. If the CPA denies an amendment which was recommended to be approved by the PPC, any substantially affected person may apply for an administrative hearing within twenty-one (21) days of denial.

5.1.3.10
Final Action by CPA After Administrative Hearing. Final action by the CPA subsequent to any administrative hearing shall be based upon the findings of fact of the administrative hearing officer.

SEC. 5.1.4
OFFICIAL RECORD.

Upon approval of a Countywide Plan Map amendment by the CPA, an official record copy of said ordinance will be maintained in the office of the Clerk of the Board. The office of the PPC shall maintain a record copy of all Countywide Plan Map amendments and, upon transmittal of the ordinance amending the Countywide Plan Map by the Clerk of the Board, shall cause such amendment to be properly recorded on the official Countywide Plan Map.

DIV. 5.2 COUNTYWIDE PLAN MAP AMENDMENTS / SPECIAL ACTION.

With respect to any recommendation for an alternative compromise recommendation or request to continue, withdraw, resubmit, or modify an amendment to the Countywide Plan Map which has been submitted for consideration, the provisions as set forth following shall govern.

SEC. 5.2.1
ALTERNATIVE COMPROMISE RECOMMENDATION.

Pursuant to Section 10(4)(b) of Chapter 88-464, Laws of Florida, as amended, the PPC shall forward recommendations for Countywide Plan Map amendments to the applicant local government when said action by the PPC constitutes denial with an alternative compromise recommendation. The process for referral to and action by the governing body shall be as hereinafter set forth.

5.2.1.1
The PPC shall transmit any such denial with an alternative compromise recommendation for amendment to the applicant local government within five (5) days of action by the PPC.

5.2.1.2
The applicant governing body shall consider the alternative compromise recommendation of the PPC at an official meeting of the governing body and take formal action to accept or reject the PPC recommendation. The governing body action to accept or reject the PPC recommendation shall be as is determined necessary by the governing body to lawfully accomplish such action and in the form required by the PPC.

5.2.1.3
The governing body action to accept or reject the PPC recommendation shall be transmitted to the PPC within forty-five (45) days of receipt of the PPC recommendation; except as the governing body may require additional time to lawfully accomplish such action and shall request an extension as set forth below within the forty-five (45) days.

5.2.1.4
If the governing body accepts the recommendation of the PPC, and transmits said acceptance in the requisite form within the required forty-five (45) days, or as same may be extended, the PPC staff shall advertise and notice the amended application for Countywide Plan Map amendment in accordance with Section 5.1.3.6 for public hearing by the CPA and forward the compromise amendment to the CPA with the PPC recommendation for approval.

5.2.1.5
Upon approval of the alternative compromise amendment by the CPA, the local governing body shall conform the ordinance amending the local government future land use map with the action of the CPA on the alternative compromise amendment to the Countywide Plan Map.

5.2.1.6
If the governing body does not accept the recommendation of the PPC as forwarded, or fails to take action in the requisite form or within the required forty-five (45) days, or as same may be extended, the PPC staff shall advertise and notice the original application for Countywide Plan Map amendment in accordance with Section 5.1.3.6 for public hearing by the CPA and forward the original application to the CPA with the PPC recommendation for denial.

SEC. 5.2.2
CONTINUATION.

A request to continue an amendment to the Countywide Plan Map, once formally submitted, shall be in writing by an authorized representative of the local government with jurisdiction. Such request for continuation may be submitted to the PPC at or prior to the applicant local government’s opening statement to the PPC and must state a future date for consideration. The PPC shall review such request for continuation, consistent with the public purpose and intent of these Countywide Rules and their enabling legislation, and if approved, shall reschedule the public hearing on the application for amendment to a specified future date. A request for continuation may also be submitted to the CPA subsequent to the PPC action, at or prior to the applicant local government’s opening statement to the CPA and must state a future date for consideration. The CPA shall review such request for continuation, consistent with the public purpose and intent of these Countywide Rules and their enabling legislation, and if approved, shall reschedule the application for amendment to a specified future date.

Nothing herein shall be construed to prohibit the PPC or CPA from continuing a public hearing at anytime in the course of the proceeding, consistent with the public purpose and intent of these Countywide Rules and their enabling legislation.

Nothing herein shall prevent the CPA from continuing its hearing and requesting the PPC to rehear, clarify, or explain its initial action.

SEC. 5.2.3
WITHDRAWAL.

A request to withdraw an amendment to the Countywide Plan Map, once formally submitted, shall be in writing by an authorized representative of local government with jurisdiction. Such request for withdrawal may be submitted to the PPC at or prior to the applicant local government’s opening statement to the PPC and, upon recommendation to accept the request for withdrawal by the PPC, the request for withdrawal shall be forwarded to the CPA for their consideration. A request for withdrawal may also be submitted to the CPA subsequent to PPC action, at or prior to the applicant local government’s opening statement to the CPA. Acceptance of the request for withdrawal by the CPA, shall remove the application for amendment from further consideration.

SEC. 5.2.4
RESUBMISSION.

No Countywide Plan Map amendment denied by the CPA shall be resubmitted for consideration by the PPC within six (6) months of the date of denial; except where denial is “without prejudice” which shall allow an application, as previously submitted, to be resubmitted without limitation as to the six (6) month restriction. Any such resubmitted application shall be treated pursuant to, and meet the requirements of, Section 5.1.1.

SEC. 5.2.5
MODIFICATION.

Any request by a local government to modify an amendment to the Countywide Plan Map shall require the original amendment to be withdrawn as set forth in Section 5.2.3 and the modified amendment to be submitted as for a new amendment as required in Section 5.1, including action by the applicant governing body as required in Sections 5.1.1 and 5.1.2 to initiate the modified amendment, and consideration and recommendation by the PPC after public hearing.

DIV. 5.3 COUNTYWIDE PLAN MAP AMENDMENTS / SUBTHRESHOLD REVIEW.

SEC. 5.3.1 PURPOSE.

It is the purpose of this subthreshold process to recognize and provide for amendments of the Countywide Plan Map that are minor in nature and have relatively minimal intergovernmental impact or affect on the policies and objectives of the Countywide Plan. In particular, this process shall be designed to accomplish the following objectives:

1.
Comply with the legal requirements for public notice and hearing under Chapter 88-464, Laws of Florida, as amended;

2.
Provide a fail-safe mechanism that preserves the legislative prerogative of the PPC and CPA; and

3.
Minimize staff and public time and expense.

SEC. 5.3.2
PROCEDURE.

The procedure for subthreshold Countywide Plan Map amendments shall be conducted in accordance with the requirements of Division 5.1 and the process outlined herein.

5.3.2.1
Official Acceptance. Action by the PPC and CPA for subthreshold amendments shall be considered according to this “official acceptance” process.

5.3.2.2
Action by PPC and CPA. Subthreshold amendments shall be separately identified on the public hearing portion of the PPC and CPA agenda. The PPC and CPA may, upon a majority vote of members present and constituting a quorum, remove a subthreshold amendment from the subthreshold portion of the agenda for separate consideration, in which event the amendment may be discussed and acted upon at that same meeting or continued to the next available meeting with an analysis of any issues identified by the PPC or CPA.

SEC. 5.3.3
DETERMINATION.

5.3.3.1
Considerations. In the determination of the type(s) of subthreshold Countywide Plan Map amendment, it is the objective of these Countywide Rules to properly reflect the following considerations:

1.
The appropriate key variables affecting relative impact, including size, intensity, location and aggregation;

2.
The relationship and need to coordinate with Chapter 163.3187, Florida Statutes, small-scale amendment factors and process; and

3.
The overall purpose and integrity of the Countywide Plan Map and Countywide Rules.

SEC. 5.3.4
SUBTHRESHOLD AMENDMENT TYPES.

Types of Threshold Maximum Size of Amendment Plan Classification/Category of Amendment¹ Adjacent to Scenic Corridor Aggregation Limit Per Year²

A. 1 Ac. Any Not Eligible 30 Ac.

B. 3 Ac. Same Classification Only Not Eligible 30 Ac.

C. 5 Ac. Residential at
7.5 units/ac. or less See Section 4.2.7.1
Table 2 30 Ac.

D. No Limit Same Classification Only – Less Intensive Category Not Applicable Not Applicable

E. No Limit Water/DF, Rec./OS & Pres. Categories Only; excluding from Pres. to Rec./OS Not Applicable Not Applicable

F. See Section 5.3.4.6

¹
Countywide Plan Map amendments to Residential Very High, Activity Center, Community Redevelopment District, Central Business District, and the Planned Redevelopment categories shall not be considered as subthreshold amendments. Additionally, amendments from Industrial Limited or Industrial General shall not be considered subthreshold amendments.

² Type A, B and C Aggregation Limits are cumulative.

5.3.4.1
Type A. Except as specifically excluded herein, amendments of one (1) acre or less, irrespective of the Countywide Plan Map classification or category from which and to which the amendment is sought, (e.g., from Residential Low to Commercial General) are subthreshold. The subthreshold status does not apply to amendments located on a Scenic/Non-Commercial Corridor. Type A subthreshold status is subject to a thirty (30) acre per year aggregation limit (Type A + B + C) for each local government.

5.3.4.2
Type B. Except as specifically excluded herein, amendments of three (3) acres or less within the same major classification only (e.g., from Commercial Neighborhood to Commercial General) are subthreshold — subject to the limitations on Scenic/Non-Commercial Corridors, and the thirty (30) acre aggregation limit (Type A + B + C).

5.3.4.3.
Type C. Amendments up to five (5) acres where the density does not exceed seven and a half (7.5) units/acre (e.g., Residential Urban) are subthreshold — without limitations except as outlined in Section 4.2.7.1, Table 2, and the thirty (30) acre aggregation limit (Type A + B + C).

5.3.4.4
Type D. Amendments irrespective of size, providing they are within the same classification and made from a more intensive category to a less intensive category are subthreshold (e.g., from Residential High to Residential Medium). There are no limitations as to location or aggregation.

5.3.4.5
Type E. Amendments of any size to the Water/Drainage Feature, Recreation/Open Space, and Preservation categories are subthreshold — without limitation, except from Preservation to Recreation/Open Space which shall be considered as a Type B subthreshold amendment.

5.3.4.6
Type F. All amendments that are ineligible as Type A through E subthreshold amendments shall be reviewed to determine whether they involve, and therefore must be considered as a regular amendment pursuant to, the enumerated Relevant Countywide Considerations in Section 5.5.3 of these Countywide Rules. The amendment shall be treated as a subthreshold amendment if:

1.
The amendment is consistent with Article IV, Plan Criteria and Standards of these Countywide Rules and with the Countywide Plan as implemented through the Countywide Rules.

2.
The amendment does not negatively impact a roadway segment where the existing Level of Service (LOS) is below LOS “D” or where projected traffic resulting from the amendment would cause the existing LOS to fall below LOS “D”.

3.
The amendment is not located within a designated Scenic/Non-Commercial Corridor as delineated on the Countywide Scenic/Non-Commercial Corridor Map, (Submap No.1.)

4.
The amendment is not located within a designated Coastal High Hazard Area.

5.
The amendment does not involve the creation, expansion, or contraction of a Residential Very High (RVH), Activity Center (AC), Community Redevelopment District (CRD), Central Business District (CBD), Industrial Limited (IL), Industrial General (IG) category, or the Planned Redevelopment categories.

6.
The amendment is not located adjacent to another jurisdiction and does not significantly impact a public education facility.

SEC. 5.3.5
INTERPRETATIONS.

Any interpretation or dispute with respect to whether a Countywide Plan Map amendment is subthreshold or not and the administration of this subthreshold amendment process shall be as provided for under Article 6, Division 6.3 Interpretations.

DIV. 5.4 COUNTYWIDE PLAN MAP AMENDMENTS / ECONOMIC DEVELOPMENT – EXPEDITED REVIEW.

SEC. 5.4.1
PURPOSE.

It is the purpose of this expedited review process to recognize and provide for amendments of the Countywide Plan Map that result from economic development projects that have been certified by the Governor’s Office of Tourism, Trade, and Economic Development pursuant to Senate Bill 1154.

SEC. 5.4.2
PROCEDURE.

The procedure for expedited Countywide Plan Map amendments shall be conducted in accordance with the requirements of Division 5.1 and the process outlined herein.

5.4.2.1
Notice and Public Hearing. All expedited amendments shall be advertised, noticed and considered at a public hearing as required under Chapter 88-464, Laws of Florida and as more particularly set forth herein. The advertisement, notice and public hearing will identify amendments to be considered under this expedited process. A single published advertisement and requisite personal notice for all expedited amendment actions shall be provided which shall include notice of both the PPC and CPA public hearings.

5.4.2.2
Submission Requirements. In addition to the application items in Section 5.1.2.2, all local government submittals of an expedited amendment shall include: 1) copy of the recommendation of the governing body for expedited review; 2) copy of the certificate of eligibility from the Governor’s Office of Tourism, Trade and Economic Development; and 3) copy of the finalized 90 day time schedule negotiated between the local government and the State, incorporating all deadlines, including public meetings and notices.

5.4.2.3
Action by PPC and CPA. The PPC and CPA shall act upon an expedited amendment within the finalized 90 day time schedule established between the local government and the State for the subject property.

DIV. 5.5 COUNTYWIDE PLAN MAP AMENDMENTS / REGULAR REVIEW.

SEC. 5.5.1 PURPOSE.

It is the purpose of this regular amendment review process to recognize and provide for amendments of the Countywide Plan Map that do not otherwise qualify as subthreshold amendments, but that do impact Relevant Countywide Considerations.

SEC. 5.5.2 PROCEDURE.

The procedure for regular Countywide Plan Map amendments shall be conducted in accordance with the requirements of Division 5.1.

SEC 5.5.3 REVIEW CRITERIA.

5.5.3.1
Relevant Countywide Considerations. In the consideration of a regular Countywide Plan Map amendment, it is the objective of these Countywide Rules to evaluate the amendment so as to make a balanced legislative determination based on the following six (6) Relevant Countywide Considerations, as they pertain to the overall purpose and integrity of the Countywide Plan.

5.5.3.1.1
Consistency with the Countywide Rules. The manner in, and extent to, which the amendment is consistent with Article 4, Plan Criteria and Standards of these Countywide Rules and with the Countywide Plan as implemented through the Countywide Rules.

5.5.3.1.2
Adopted Roadway Level of Service (LOS) Standard. The manner in, and extent to, which the amendment significantly impacts a roadway segment where the existing Level of Service (LOS) is below LOS “D” or where projected traffic resulting from the amendment would cause the existing LOS to fall below LOS “D”.

5.5.3.1.3
Scenic/Non-Commercial Corridors. If located within a Scenic/Non-Commercial Corridor, the manner in, and extent to, which the amendment conforms to the criteria and standards contained in Section 4.2.7.1, and Section 4.2.7.1.4 of these Countywide Rules.

5.5.3.1.4
Coastal High Hazard Areas (CHHA). If located within a Coastal High Hazard Area, the manner in, and extent to, which the amendment conforms to the terms set forth in Section 4.2.7.4.

5.5.3.1.5
Designated Development/Redevelopment Areas. If the amendment involves the creation, expansion, or contraction of a Residential Very High (RVH), Activity Center (AC), Community Redevelopment District (CRD), Central Business District (CBD) category, or the Planned Redevelopment categories, the manner in, and extent to, which the amendment conforms to the purpose and requirements of the applicable category and Section 4.2.7.5.

5.5.3.1.6
Impact on a Public Educational Facility or an Adjoining Jurisdiction. The manner in, and extent to, which the amendment significantly impacts a public educational facility or an adjoining jurisdiction.


DIV. 5.1	COUNTYWIDE PLAN MAP AMENDMENTS / GENERAL ACTION.

SEC. 5.1.1	APPLICATION.

	Local governments may initiate Countywide Plan Map amendments only as provided for in this Article in accordance with Section 10 of Chapter 88-464, Laws of Florida, as amended, and the particular procedures established in these Countywide Rules. No amendment to the Countywide Plan Map shall be considered by the PPC until the local government applying for such amendment has established jurisdiction. Applications for amendment of the Countywide Plan Map shall be preceded by, and based upon, a local ordinance considered at public hearing and authorized by an affirmative vote of the governing body for transmittal of, and concurrence with, the local government future land use map amendment; subject to any requisite determination of compliance by the State Land Planning Agency pursuant to Chapter 163, Part II, Florida Statutes, adoption of an ordinance effectuating a consistent amendment of the Countywide Plan Map by the Countywide Planning Authority pursuant to Chp. 88-464, Laws of Florida, and final action by the local governing body.

SEC. 5.1.2	PROCEDURES.

	Countywide Plan Map amendments shall be considered according to the following process, consistent with the more detailed wording set forth in Chapter 88-464, Laws of Florida, as amended, CPA Resolution No. 90-205, and as provided for in each Division in this Article.

5.1.2.1	Initiation. Only the governing body may initiate an amendment to the Countywide Plan Map for a particular parcel of property over which it has jurisdiction. Application for amendment of the Countywide Plan Map shall be transmitted to the PPC subsequent to the initial action by the governing body authorizing the transmittal of and concurrence with the local ordinance, and prior to finalizing adoption of the local ordinance, except where Chapter 163.3187(1)(c) 3., Florida Statutes, provides for a small scale map amendment to be adopted based on a single public hearing.

5.1.2.2	Submission of Application. Before an application of a Countywide Plan Map amendment shall be heard by the PPC, a written application shall be submitted in a form established by the PPC. In order to qualify for formal receipt and action by the PPC, a complete application shall be filed in the office of the PPC not later than twenty-eight (28) days prior to the PPC meeting at which it is eligible to be considered.

5.1.2.3	Determination of Completeness. The Executive Director shall have the authority to make the interpretation as to the completeness of a submitted application to amend the Countywide Plan Map. If the Executive Director determines that the submitted application is not complete, the Executive Director shall provide written notice to the applicant specifying the deficiencies. No action shall be taken on the requested amendment until the Executive Director determines that the deficiencies have been remedied.

5.1.2.4	Notice and Public Hearing by PPC. The PPC shall hold a public hearing, advertised and noticed as required by Chapter 88-464, Laws of Florida, as amended, prior to taking action on a requested amendment of the Countywide Plan Map. A single published advertisement and requisite mailed notice for all amendments shall be provided which shall include notice of both the PPC and CPA public hearings.

5.1.2.5	Recommendation by PPC. The PPC shall make a recommendation to the CPA within sixty (60) days of receipt of a complete application for amendment.

SEC. 5.1.3	DETERMINATION.

	Amendments to the Countywide Plan Map shall be reviewed by and require the approval of the CPA upon recommendation of the PPC. Decisions of the PPC and the CPA, with respect to the disposition of Countywide Plan Map amendments, are considered legislative in nature.

5.1.3.1	PPC Action. The PPC may recommend approval, denial, continuation or alternative action to the CPA; any of which such recommendations shall constitute action by the PPC within the stipulated sixty (60) day period.

5.1.3.2	Notice of Denial. The PPC shall, within five (5) days, notify the applicant local government in writing of any recommendation by the PPC to deny an amendment eligible for administrative hearing and shall advise the applicant local government of their right to apply for such administrative hearing and the time limitation applicable thereto.

5.1.3.3	Right to Administrative Hearing. If the PPC recommends denial of an amendment to the Countywide Plan Map relating to the land use designation of a particular parcel of land, any substantially affected person may apply for an administrative hearing within twenty-one (21) days of denial.

5.1.3.4	Applications for Administrative Hearing. All applications for administrative hearing by a substantially affected person will be filed with the office of the PPC within twenty-one (21) days of denial. Said application will be in a form for consideration under, and subject to the procedures of, Chapter 120, Florida Statutes. In the event an application for administrative hearing is filed, the Countywide Plan Map amendment shall not be considered by the CPA pending disposition of the administrative hearing.

5.1.3.5	CPA Consideration. The CPA shall consider an application for amendment of the Countywide Plan Map upon receipt of the recommendation of the PPC.

5.1.3.6	Public Hearing by CPA. The CPA shall hold a public hearing, advertised and noticed as required by Chapter 88-464, Laws of Florida, as amended, prior to taking action on a requested amendment of the Countywide Plan Map.

5.1.3.7	CPA Action. The CPA may approve or deny the application for amendment upon consideration of the recommendation of the PPC. Any action by the CPA contrary to the PPC recommendation shall require a majority plus one vote of the entire CPA.

5.1.3.8	Reconsideration. The reconsideration of any action on an amendment by the PPC or CPA shall be as otherwise prescribed by the respective operating procedures of each the PPC and the CPA. In the absence of such defined operating procedures, reconsideration shall be by motion of a member of the prevailing side on the applicable amendment vote, and affirmative action on such motion, at the same meeting at which the initial action was taken.

5.1.3.9	Right to Administrative Hearing. If the CPA denies an amendment which was recommended to be approved by the PPC, any substantially affected person may apply for an administrative hearing within twenty-one (21) days of denial.

5.1.3.10	Final Action by CPA After Administrative Hearing. Final action by the CPA subsequent to any administrative hearing shall be based upon the findings of fact of the administrative hearing officer.

SEC. 5.1.4	OFFICIAL RECORD.

	Upon approval of a Countywide Plan Map amendment by the CPA, an official record copy of said ordinance will be maintained in the office of the Clerk of the Board. The office of the PPC shall maintain a record copy of all Countywide Plan Map amendments and, upon transmittal of the ordinance amending the Countywide Plan Map by the Clerk of the Board, shall cause such amendment to be properly recorded on the official Countywide Plan Map.


DIV. 5.2	COUNTYWIDE PLAN MAP AMENDMENTS / SPECIAL ACTION.

	With respect to any recommendation for an alternative compromise recommendation or request to continue, withdraw, resubmit, or modify an amendment to the Countywide Plan Map which has been submitted for consideration, the provisions as set forth following shall govern.

SEC. 5.2.1	ALTERNATIVE COMPROMISE RECOMMENDATION.

	Pursuant to Section 10(4)(b) of Chapter 88-464, Laws of Florida, as amended, the PPC shall forward recommendations for Countywide Plan Map amendments to the applicant local government when said action by the PPC constitutes denial with an alternative compromise recommendation. The process for referral to and action by the governing body shall be as hereinafter set forth.

5.2.1.1	The PPC shall transmit any such denial with an alternative compromise recommendation for amendment to the applicant local government within five (5) days of action by the PPC.

5.2.1.2	The applicant governing body shall consider the alternative compromise recommendation of the PPC at an official meeting of the governing body and take formal action to accept or reject the PPC recommendation. The governing body action to accept or reject the PPC recommendation shall be as is determined necessary by the governing body to lawfully accomplish such action and in the form required by the PPC.

5.2.1.3	The governing body action to accept or reject the PPC recommendation shall be transmitted to the PPC within forty-five (45) days of receipt of the PPC recommendation; except as the governing body may require additional time to lawfully accomplish such action and shall request an extension as set forth below within the forty-five (45) days.

5.2.1.4	If the governing body accepts the recommendation of the PPC, and transmits said acceptance in the requisite form within the required forty-five (45) days, or as same may be extended, the PPC staff shall advertise and notice the amended application for Countywide Plan Map amendment in accordance with Section 5.1.3.6 for public hearing by the CPA and forward the compromise amendment to the CPA with the PPC recommendation for approval.

5.2.1.5	Upon approval of the alternative compromise amendment by the CPA, the local governing body shall conform the ordinance amending the local government future land use map with the action of the CPA on the alternative compromise amendment to the Countywide Plan Map.

5.2.1.6	If the governing body does not accept the recommendation of the PPC as forwarded, or fails to take action in the requisite form or within the required forty-five (45) days, or as same may be extended, the PPC staff shall advertise and notice the original application for Countywide Plan Map amendment in accordance with Section 5.1.3.6 for public hearing by the CPA and forward the original application to the CPA with the PPC recommendation for denial.

SEC. 5.2.2	CONTINUATION.

	A request to continue an amendment to the Countywide Plan Map, once formally submitted, shall be in writing by an authorized representative of the local government with jurisdiction. Such request for continuation may be submitted to the PPC at or prior to the applicant local government’s opening statement to the PPC and must state a future date for consideration. The PPC shall review such request for continuation, consistent with the public purpose and intent of these Countywide Rules and their enabling legislation, and if approved, shall reschedule the public hearing on the application for amendment to a specified future date. A request for continuation may also be submitted to the CPA subsequent to the PPC action, at or prior to the applicant local government’s opening statement to the CPA and must state a future date for consideration. The CPA shall review such request for continuation, consistent with the public purpose and intent of these Countywide Rules and their enabling legislation, and if approved, shall reschedule the application for amendment to a specified future date. Nothing herein shall be construed to prohibit the PPC or CPA from continuing a public hearing at anytime in the course of the proceeding, consistent with the public purpose and intent of these Countywide Rules and their enabling legislation. Nothing herein shall prevent the CPA from continuing its hearing and requesting the PPC to rehear, clarify, or explain its initial action.

SEC. 5.2.3	WITHDRAWAL.

	A request to withdraw an amendment to the Countywide Plan Map, once formally submitted, shall be in writing by an authorized representative of local government with jurisdiction. Such request for withdrawal may be submitted to the PPC at or prior to the applicant local government’s opening statement to the PPC and, upon recommendation to accept the request for withdrawal by the PPC, the request for withdrawal shall be forwarded to the CPA for their consideration. A request for withdrawal may also be submitted to the CPA subsequent to PPC action, at or prior to the applicant local government’s opening statement to the CPA. Acceptance of the request for withdrawal by the CPA, shall remove the application for amendment from further consideration.

SEC. 5.2.4	RESUBMISSION.

	No Countywide Plan Map amendment denied by the CPA shall be resubmitted for consideration by the PPC within six (6) months of the date of denial; except where denial is “without prejudice” which shall allow an application, as previously submitted, to be resubmitted without limitation as to the six (6) month restriction. Any such resubmitted application shall be treated pursuant to, and meet the requirements of, Section 5.1.1.

SEC. 5.2.5	MODIFICATION.

	Any request by a local government to modify an amendment to the Countywide Plan Map shall require the original amendment to be withdrawn as set forth in Section 5.2.3 and the modified amendment to be submitted as for a new amendment as required in Section 5.1, including action by the applicant governing body as required in Sections 5.1.1 and 5.1.2 to initiate the modified amendment, and consideration and recommendation by the PPC after public hearing.


DIV. 5.3	COUNTYWIDE PLAN MAP AMENDMENTS / SUBTHRESHOLD REVIEW.

SEC. 5.3.1	PURPOSE.

	It is the purpose of this subthreshold process to recognize and provide for amendments of the Countywide Plan Map that are minor in nature and have relatively minimal intergovernmental impact or affect on the policies and objectives of the Countywide Plan. In particular, this process shall be designed to accomplish the following objectives:

	1.	Comply with the legal requirements for public notice and hearing under Chapter 88-464, Laws of Florida, as amended;

	2.	Provide a fail-safe mechanism that preserves the legislative prerogative of the PPC and CPA; and

	3.	Minimize staff and public time and expense.

SEC. 5.3.2	PROCEDURE.

	The procedure for subthreshold Countywide Plan Map amendments shall be conducted in accordance with the requirements of Division 5.1 and the process outlined herein.

5.3.2.1	Official Acceptance. Action by the PPC and CPA for subthreshold amendments shall be considered according to this “official acceptance” process.

5.3.2.2	Action by PPC and CPA. Subthreshold amendments shall be separately identified on the public hearing portion of the PPC and CPA agenda. The PPC and CPA may, upon a majority vote of members present and constituting a quorum, remove a subthreshold amendment from the subthreshold portion of the agenda for separate consideration, in which event the amendment may be discussed and acted upon at that same meeting or continued to the next available meeting with an analysis of any issues identified by the PPC or CPA.

SEC. 5.3.3	DETERMINATION.

5.3.3.1	Considerations. In the determination of the type(s) of subthreshold Countywide Plan Map amendment, it is the objective of these Countywide Rules to properly reflect the following considerations:

	1.	The appropriate key variables affecting relative impact, including size, intensity, location and aggregation;

	2.	The relationship and need to coordinate with Chapter 163.3187, Florida Statutes, small-scale amendment factors and process; and

	3.	The overall purpose and integrity of the Countywide Plan Map and Countywide Rules.

SEC. 5.3.4	SUBTHRESHOLD AMENDMENT TYPES.

Types of Threshold	Maximum Size of Amendment	Plan Classification/Category of Amendment¹	Adjacent to Scenic Corridor	Aggregation Limit Per Year²
A.	1 Ac.	Any	Not Eligible	30 Ac.
B.	3 Ac.	Same Classification Only	Not Eligible	30 Ac.
C.	5 Ac.	Residential at 7.5 units/ac. or less	See Section 4.2.7.1 Table 2	30 Ac.
D.	No Limit	Same Classification Only – Less Intensive Category	Not Applicable	Not Applicable
E.	No Limit	Water/DF, Rec./OS & Pres. Categories Only; excluding from Pres. to Rec./OS	Not Applicable	Not Applicable
F.	See Section 5.3.4.6

¹	Countywide Plan Map amendments to Residential Very High, Activity Center, Community Redevelopment District, Central Business District, and the Planned Redevelopment categories shall not be considered as subthreshold amendments. Additionally, amendments from Industrial Limited or Industrial General shall not be considered subthreshold amendments.
²	Type A, B and C Aggregation Limits are cumulative.

5.3.4.1	Type A. Except as specifically excluded herein, amendments of one (1) acre or less, irrespective of the Countywide Plan Map classification or category from which and to which the amendment is sought, (e.g., from Residential Low to Commercial General) are subthreshold. The subthreshold status does not apply to amendments located on a Scenic/Non-Commercial Corridor. Type A subthreshold status is subject to a thirty (30) acre per year aggregation limit (Type A + B + C) for each local government.

5.3.4.2	Type B. Except as specifically excluded herein, amendments of three (3) acres or less within the same major classification only (e.g., from Commercial Neighborhood to Commercial General) are subthreshold — subject to the limitations on Scenic/Non-Commercial Corridors, and the thirty (30) acre aggregation limit (Type A + B + C).

5.3.4.3.	Type C. Amendments up to five (5) acres where the density does not exceed seven and a half (7.5) units/acre (e.g., Residential Urban) are subthreshold — without limitations except as outlined in Section 4.2.7.1, Table 2, and the thirty (30) acre aggregation limit (Type A + B + C).

5.3.4.4	Type D. Amendments irrespective of size, providing they are within the same classification and made from a more intensive category to a less intensive category are subthreshold (e.g., from Residential High to Residential Medium). There are no limitations as to location or aggregation.

5.3.4.5	Type E. Amendments of any size to the Water/Drainage Feature, Recreation/Open Space, and Preservation categories are subthreshold — without limitation, except from Preservation to Recreation/Open Space which shall be considered as a Type B subthreshold amendment.

5.3.4.6	Type F. All amendments that are ineligible as Type A through E subthreshold amendments shall be reviewed to determine whether they involve, and therefore must be considered as a regular amendment pursuant to, the enumerated Relevant Countywide Considerations in Section 5.5.3 of these Countywide Rules. The amendment shall be treated as a subthreshold amendment if:

	1.	The amendment is consistent with Article IV, Plan Criteria and Standards of these Countywide Rules and with the Countywide Plan as implemented through the Countywide Rules.

	2.	The amendment does not negatively impact a roadway segment where the existing Level of Service (LOS) is below LOS “D” or where projected traffic resulting from the amendment would cause the existing LOS to fall below LOS “D”.

	3.	The amendment is not located within a designated Scenic/Non-Commercial Corridor as delineated on the Countywide Scenic/Non-Commercial Corridor Map, (Submap No.1.)

	4.	The amendment is not located within a designated Coastal High Hazard Area.

	5.	The amendment does not involve the creation, expansion, or contraction of a Residential Very High (RVH), Activity Center (AC), Community Redevelopment District (CRD), Central Business District (CBD), Industrial Limited (IL), Industrial General (IG) category, or the Planned Redevelopment categories.

	6.	The amendment is not located adjacent to another jurisdiction and does not significantly impact a public education facility.

SEC. 5.3.5	INTERPRETATIONS.

	Any interpretation or dispute with respect to whether a Countywide Plan Map amendment is subthreshold or not and the administration of this subthreshold amendment process shall be as provided for under Article 6, Division 6.3 Interpretations.

DIV. 5.4	COUNTYWIDE PLAN MAP AMENDMENTS / ECONOMIC DEVELOPMENT – EXPEDITED REVIEW.

SEC. 5.4.1	PURPOSE.

	It is the purpose of this expedited review process to recognize and provide for amendments of the Countywide Plan Map that result from economic development projects that have been certified by the Governor’s Office of Tourism, Trade, and Economic Development pursuant to Senate Bill 1154.

SEC. 5.4.2	PROCEDURE.

	The procedure for expedited Countywide Plan Map amendments shall be conducted in accordance with the requirements of Division 5.1 and the process outlined herein.

5.4.2.1	Notice and Public Hearing. All expedited amendments shall be advertised, noticed and considered at a public hearing as required under Chapter 88-464, Laws of Florida and as more particularly set forth herein. The advertisement, notice and public hearing will identify amendments to be considered under this expedited process. A single published advertisement and requisite personal notice for all expedited amendment actions shall be provided which shall include notice of both the PPC and CPA public hearings.

5.4.2.2	Submission Requirements. In addition to the application items in Section 5.1.2.2, all local government submittals of an expedited amendment shall include: 1) copy of the recommendation of the governing body for expedited review; 2) copy of the certificate of eligibility from the Governor’s Office of Tourism, Trade and Economic Development; and 3) copy of the finalized 90 day time schedule negotiated between the local government and the State, incorporating all deadlines, including public meetings and notices.

5.4.2.3	Action by PPC and CPA. The PPC and CPA shall act upon an expedited amendment within the finalized 90 day time schedule established between the local government and the State for the subject property.


DIV. 5.5	COUNTYWIDE PLAN MAP AMENDMENTS / REGULAR REVIEW.

SEC. 5.5.1	PURPOSE.

	It is the purpose of this regular amendment review process to recognize and provide for amendments of the Countywide Plan Map that do not otherwise qualify as subthreshold amendments, but that do impact Relevant Countywide Considerations.

SEC. 5.5.2	PROCEDURE.

	The procedure for regular Countywide Plan Map amendments shall be conducted in accordance with the requirements of Division 5.1.

SEC 5.5.3	REVIEW CRITERIA.

5.5.3.1	Relevant Countywide Considerations. In the consideration of a regular Countywide Plan Map amendment, it is the objective of these Countywide Rules to evaluate the amendment so as to make a balanced legislative determination based on the following six (6) Relevant Countywide Considerations, as they pertain to the overall purpose and integrity of the Countywide Plan.

5.5.3.1.1	Consistency with the Countywide Rules. The manner in, and extent to, which the amendment is consistent with Article 4, Plan Criteria and Standards of these Countywide Rules and with the Countywide Plan as implemented through the Countywide Rules.

5.5.3.1.2	Adopted Roadway Level of Service (LOS) Standard. The manner in, and extent to, which the amendment significantly impacts a roadway segment where the existing Level of Service (LOS) is below LOS “D” or where projected traffic resulting from the amendment would cause the existing LOS to fall below LOS “D”.

5.5.3.1.3	Scenic/Non-Commercial Corridors. If located within a Scenic/Non-Commercial Corridor, the manner in, and extent to, which the amendment conforms to the criteria and standards contained in Section 4.2.7.1, and Section 4.2.7.1.4 of these Countywide Rules.

5.5.3.1.4	Coastal High Hazard Areas (CHHA). If located within a Coastal High Hazard Area, the manner in, and extent to, which the amendment conforms to the terms set forth in Section 4.2.7.4.

5.5.3.1.5	Designated Development/Redevelopment Areas. If the amendment involves the creation, expansion, or contraction of a Residential Very High (RVH), Activity Center (AC), Community Redevelopment District (CRD), Central Business District (CBD) category, or the Planned Redevelopment categories, the manner in, and extent to, which the amendment conforms to the purpose and requirements of the applicable category and Section 4.2.7.5.

5.5.3.1.6	Impact on a Public Educational Facility or an Adjoining Jurisdiction. The manner in, and extent to, which the amendment significantly impacts a public educational facility or an adjoining jurisdiction.