A Senate bill seeking to limit local government control for deciding new residential development was reworked with a strike-all amendment that gutted the original proposal.
With a short discussion Monday, the Senate Judiciary Committee unanimously approved the amended SB 208 during Monday’s hearing.
Bill sponsor Sen. Stan McClain, an Ocala Republican, called the amendment “a negotiated compromise amongst all the key stakeholders.”
Chadwick Leonard, Conservation and Planning Advocacy Coordinator for 1000 Friends of Florida, supported the amendment and said it was about “making sure that local control and the voice of the citizens are being heard.”
Other organizations, including the Florida Chamber of Commerce, the Florida Association of Counties, and the Florida League of Cities, all signaled their support for changes.
The original bill, which contained several provisions, would have overrode any local local rules on the books, so applications to “fill in” more housing in existing residential areas would be required to be approved without having any public hearing, comprehensive plan, amendment, rezoning, variance if the proposed development was similar to existing housing’s density and standards.
The original bill also would have prohibited local governments from banning residential development “on the basis of compatibility” if the proposed development was next to a similar residential development.
But the newly-tooled amended five-page bill will several provisions now says, “Local government comprehensive plans and land development regulations must include factors for assessing the compatibility of allowable residential uses within a residential zoning district and future land use category. Such factors may include intensity, density, scale, building size, mass, bulk, height and orientation, lot coverage, lot size and configuration, architectural style, permeability, screening, buffers, setbacks, stepbacks, transitional areas, signage, traffic and pedestrian circulation and access, and operational impacts, such as noise, odor, and lighting.”
Local government staff must specifically identify how the project isn’t compatible if they are going to deny an application for rezoning, subdivision, or a site plan approval on compatibility grounds, the amended bill said.
And the amended bill added, “References to ‘community character’ or ‘neighborhood feel’ are not sufficient in and of themselves to support a denial of an application on compatibility grounds.”
However, a local government could still set conditions or terms in approving an application to deal with compatibility concerns.
The amended bill had exemptions for rural, agricultural, conservation, open space, mixed-use, industrial, commercial use, master planned communities and historic districts.