Florida Regulations 28-24.014: Application of Banded Thresholds
Terms Used In Florida Regulations 28-24.014
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) The guidelines and standards in Fl. Admin. Code R. 28-24.0281, 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 Florida Statutes § 369.307, 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 Fl. Admin. Code R. 28-24.014, 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 Fl. Admin. Code R. 28-24.030, 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 Fl. Admin. Code R. 28-24.033, 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 Fl. Admin. Code R. 28-24.034, 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 Florida Statutes Chapter 163 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 Fl. Admin. Code Chapter 9J-5, 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 Fl. Admin. Code Chapter 9J-5, 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 Fl. Admin. Code R. 28-24.014(10)(a) 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%
(Fl. Admin. Code R. 28-24.015)
(b) Attraction/Recreation
(Fl. Admin. Code R. 28-24.016)
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 (Fl. Admin. Code R. 28-24.017)
480
600
720
(d) Industrial (Fl. Admin. Code R. 28-24.018)
1. Parking Spaces
2,000
2,500
3,000
2. Acres
256
320
384
(e) Mining (Fl. Admin. Code R. 28-24.019)
1. Acres
80
100
120
2. Gallons
2.4M
3.0M
3.6M
(f) Office (Fl. Admin. Code R. 28-24.020)
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 (Fl. Admin. Code R. 28-24.021)
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) (Fl. Admin. Code R. 28-24.022)
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 (Fl. Admin. Code R. 28-24.023)
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 (Fl. Admin. Code R. 28-24.024)
1. Full Time Equivalent Students
2,400
3,000
3,600
2. Expansion in design population – percentage
16%
20%
24%
(k) Retail (Fl. Admin. Code R. 28-24.025)
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 (Fl. Admin. Code R. 28-24.026)
1. Rooms
280
350
420
2. Rooms*
600
750
900
(m) Recreational Vehicle – Spaces (Fl. Admin. Code R. 28-24.027)
400
500
600
(n) Multi-Use – Percentage (Fl. Admin. Code R. 28-24.028)
104
130
156
(o) Airports Expansion Runway/Terminal (Fl. Admin. Code R. 28-24.0281)
20
25
30
(p) Industrial Plants, Industrial Parks and Distribution,
Warehousing or Wholesaling Facilities (Fl. Admin. Code R. 28-24.029)
1. Parking spaces
2,000
2,500
3,000
2. Acres
256
320
384
(q) Port Facilities (Fl. Admin. Code R. 28-24.030)
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 (Fl. Admin. Code R. 28-24.031)
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 (Fl. Admin. Code R. 28-24.032)
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 (Fl. Admin. Code R. 28-24.033)
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 (Fl. Admin. Code R. 28-24.034)
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 (Fl. Admin. Code R. 28-24.035)
Expansion Runway/Terminal ***
20
25
30
1. Percentages
2. Gross Square Footage
40,000
50,000
60,000
(w) Port Facilities (Fl. Admin. Code R. 28-24.036)
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.
Rulemaking Authority 14.202 FS. Law Implemented Florida Statutes § 380.06., Chapter 93-206, Laws of Florida. History-New 12-31-85, Formerly 27F-2.014, Amended 7-25-89, 1-5-94.