related to zoning. Acting Planning and Development Services Director Ryan
Sweeney clarified that Policy 1.38 specifically applied to “New Towns.” This
policy was the only reference in the Plan's Future Land Use Element that
mentioned building heights. He explained that height restrictions were not detailed
for other land uses, such as L1 and CI. According to the policy, residential
buildings could be up to 35 feet tall, while non-residential or mixed-use buildings
could reach up to 50 feet. This allowed heights greater than 35 feet in “New
Towns,” especially west of Interstate 95, which were outside the Urban Service
Boundary (USB). Mr. Sweeney noted that there were no other references to
building heights in the Future Land Use Element.
Commissioner Adams addressed the broader conceptual issue of the Plan and its
relationship to the LDRs. She asked if everything included in the LDRs was also
part of the Plan. Then, for the sake of efficiency, could the Board eliminate one or
the other. In response, Mr. Sweeney suggested an alternative perspective. He
explained that there was a policy stating that the building’s height shall not exceed
35 feet Countywide. However, in a low-density residential area, the LDR can set
a lower limit, capping it at 25 feet. The Plan establishes an upper limit, while the
LDRs can be more restrictive. For instance, the L1 LDR allows up to three units
per acre, the RS2 zoning permits two units per acre, and the RS3 zoning allows
three units per acre. The LDRs can have more stringent regulations. LDRs
establish definitive parameters like building coverage, setbacks, and lot sizes,
which would not be appropriate to include at the Plan level.
Administrator Titkanich followed up by outlining that the Plan was the underlying
foundation governing the use of land, including what can happen and when.
Specifically, when discussing the Future Land Use Element, it identified specific
land use designations, their intensity or density, and the policies that regulate
growth. The County went through the proper process and adopted those
regulations into the LDRs. It was important to note that the LDRs, as described in
the Statute, were crucial to the development process. Municipalities must assign a
Land Development Plan during annexations, but until that was completed, the
County's LDRs still applied. These regulations served as the implementing
mechanism to achieve the goals and objectives of the Plan, a structure established
since 1985 with the Growth Management Act. The Plans were the foundation,
and the LDRs served as the means to implement them. It was also noteworthy
that LDRs require an Ordinance that involved two public hearings and must be
advertised. While staff can propose changes, they must go through the same
process as any applicant seeking to amend the Land Development Code. Since
2011, the process has undergone significant changes due to the dissolution of the
Department of Community Affairs, which was transferred to the Florida
Department of Economic Opportunity and now falls under the Florida
Department of Commerce. This shift has emphasized local control, with the
