Fla. Admin. Code R. 28-24.014

Current through Reg. 50, No. 119; June 18, 2024

Section 28-24.014 - Application of Banded Thresholds

(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.

Fla. Admin. Code Ann. R. 28-24.014

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS., Chapter 93-206, Laws of Florida.

New 12-31-85, Formerly 27F-2.014, Amended 7-25-89, 1-5-94.