9/8 THUR 16:00 | DCA Discussion on New Growth Mgt Law
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9/8 THUR 16:00 | DCA Discussion on New Growth Mgt Law



Secretary Billy Buzzett ...

Secretary Billy Buzzett
Mike McDaniel

DCA staff will provide an update on DCA activities, including the role of the Department in rulemaking, implementing new legislation, and providing State oversight in Florida’s growth management system.



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    9/8 THUR 16:00 | DCA Discussion on New Growth Mgt Law 9/8 THUR 16:00 | DCA Discussion on New Growth Mgt Law Presentation Transcript

    • HB 7207 : The Community Planning ActChapter 2011-139, Laws of Florida
      2011 FAPA Conference
      The Department of Community Affairs
      September 8, 2011
    • Local governments given greater responsibility for managing their growth
      State review refocused to
      important state resources
      and facilities
      Review process streamlined
      Incentives created for large
      scale, long range planning
      DCA’s mission is to integrate with the
      other units of DEO to promote job opportunities and to work with and provide technical assistance to local governments to attain high quality growth and sustainable development
      Legislative Themes
    • State Comprehensive Plan from compliance determination
      EAR sufficiency review and EAR reports
      Twice per year plan amendment limitation
      Energy efficiency/greenhouse gas reduction provisions (HB 697)
      HB 7207: What Is Eliminated?
    • Rule 9J-5 – portions incorporated into statutes
      Mandatory concurrency for transportation, schools, and parks and recreation facilities
      Financial feasibility for capital improvement plans
      Mandatory Public School Facilities Element
      Mining, industrial, hotel and multi-screen movie theater development from DRI review
      HB 7207: What Is Eliminated?
    • The 5-year schedule of capital improvements is no longer required to be financially feasible
      There is still a requirement to update the schedule on an annual basis, but modifications may be accomplished by ordinance and are not subject to state review
      The necessary capital projects to achieve and maintain level of service standards must still be listed in the schedule and identified as either funded or unfunded and assigned a level of priority for funding
      Financial Feasibility
    • If a local government chooses not to maintain concurrency for transportation, schools, or parks, then it must amend the comprehensive plan to remove the concurrency provisions
      The amendment will be processed under the Expedited Review Process but is not subject to state review
      Level of service standards must be retained for roads and parks and recreation facilities to guide future capital facility planning
    • Must allow an applicant for a DRI development order, rezoning, or other land use development permit to satisfy transportation concurrency through proportionate share
      Developers not responsible for correcting past or future transportation
      Local governments not
      required to adopt FDOT
      level of service standards
      for SIS facilities
      Transportation Concurrency
    • The proportionate share contribution is calculated based on the DRI proportionate share formula
      However, if a facility is currently deficient, or is projected to be deficient without project trips, the necessary improvement must be assumed to be in place and the cost of correcting that deficiency must be removed from the proportionate share calculation
      By December 15, 2011, FDOT, in consultation with developers and local governments, shall prepare a report on recommended changes or alternatives to the calculation of the proportionate share contribution to ensure predictability and equity
      Proportionate Share
    • School concurrency can be implemented if the county and one or more of the municipalities representing at least 80% of the total countywide population adopt concurrency
      Not effective in municipalities not adopting
      If less than 80% population, then school concurrency cannot be implemented
      The interlocal agreement not required to be submitted to the state for review
      Public School Concurrency
    • Urban Service Area definition
      Removes requirement that area be built-up
      Removes requirement that public facilities be planned within first three years, but must exist or be scheduled in Capital Improvements Element
      Planning Horizon - Allows additional planning periods for different amendments and components
      HB 7207: What Is Revised?
    • EAR report no longer required
      A letter notice must be submitted to DCA every seven years in accordance with schedule advising whether comprehensive plan needs to be updated to incorporate new state statutory requirements
      New schedule posted on web
      Self evaluation, not subject to sufficiency review
      Must propose amendments based on evaluation within 1 year
      Evaluation and Appraisal Process
      • EAR amendments subject to state coordinated review process
      • Failure to submit the notice or propose amendments based on evaluation and appraisal results in prohibition of amendments
      Local government encouraged to evaluate, and as necessary, update plan to reflect changes in local conditions
      Evaluation and Appraisal Process
    • No limitation on the number of sector plans
      The minimum planning area is increased to 15,000 acres
      Agreement with DCA not required
      The long-term master plan is adopted by amendment to the comprehensive plan
      Detailed specific areas plans adopted through a local government development
      DRI review waived for DSAP
      Sector Plans
    • May be based on planning periods longer than the comprehensive plan’s horizon
      Not required to demonstrate land use need
      Local development orders approving detailed specific area plans must be rendered to DCA
      DCA reviews to determine if DSAP consistent with comprehensive plan and long-term master plan
      DCA may appeal the development order
      Sector Plans
    • Process initiated by request of land owner/s or local government
      Prior authorization of DCA not required
      Must contain at least 10,000 acres
      The rural land stewardship area is designated by a future land use map overlay
      The overlay does not require a demonstration of need
      Development in RLSA is exempt from DRI review
      Rural Land Stewardship Areas
    • The plan amendment designating a rural land stewardship area is subject to the state coordinated plan review process
      Designation of receiving areas are approved through local
      land development
      Rural Land Stewardship Areas
    • No longer a maximum need based strictly on population projections but should allow the operation of real estate markets to provide adequate choices for permanent and seasonal residents and businesses
      The plan must accommodate a minimum of 10 years of growth based on
      BEBR medium population
      Land Use Need
    • Provides a definition of urban sprawl: low density, auto-dependent, single use or unrelated uses, inefficient provision of public facilities, lack of clear separation between rural and urban uses
      Includes 13 indicators of sprawl
      States that plan amendment shall be determined to discourage urban sprawl if it incorporates a development pattern or urban form that meets at least 4 of 8 identified
      development features
      Urban Sprawl
    • Aggregation
      One of the five criteria, “Sharing of infrastructure,” was eliminated from the aggregation analysis
      Three of the four remaining criteria must now be met to determine whether the projects will be aggregated
      Continues the exemption from DRI review in dense urban land areas
      Essentially built out DRI criteria
      To be eligible for consideration as essentially built out, increases the amount of development remaining to be constructed from less than 20 to less than 40% of applicable DRI thresholds
      DRI Revisions
    • Substantial deviations
      Increases criteria for commercial, office, and attraction and recreation facilities
      States that recalculation of proportionate share and changes to mitigation plan using new formula is presumed not to be a substantial deviation
      Eliminates industrial, hotel/motel, and multi-screen movie theaters from
      guidelines and standards
      Adds mining as a statutory
      DRI Revisions
    • DCA reorganized into the Department of Economic Opportunity
      Effective October 1, 2011
      Division of Community Planning reduced from 61 to 32 positions
      Relocating from offices in Southwood to downtown adjacent to Capitol
      Doug Darling new Executive Director
      Comprehensive plan staff divided into three geographic regions:
    • Comprehensive Plan Amendment Processes
    • Expedited state review process
      Reduces review time period from 136 days to 65 days
      State coordinated review process
      Small scale amendment process
      10 acres or less (RACEC 20 acres)
      No density/intensity limitation
      Directly related text change permitted
      Maximum of 120 acres per year
      Three Amendment Processes
      • All amendments except EAR-based, area of critical state concern, sector plan, rural land stewardship, areas of critical state concern, and new plans
      • Agency comments sent directly to
      local government within 30 days of
      receipt of amendment, with copy to DCA
      Local governments must adopt amendment within 180 days after receipt of agency comments or proposed amendment deemed withdrawn, unless extended by agreement
      DCA has 30 days to challenge
      Challenge based on comments made by DCA or other state agencies
      Expedited Review Process
    • Scope of agency review restricted to adverse impacts on important state resources and facilities
      Subject matter of agency review is specifically defined
      DCA review restricted to issues outside of jurisdiction of other state agencies
      DCA does not publish a Notice of Intent
      Affected persons must file challenge within 30 days of adoption, DCA may not intervene
      Expedited State Review Process
    • Coordinated by DCA
      Agency comments sent to DCA and ORC Report prepared
      Scope of DCA review expanded to include compliance issues
      ORC report issued within 60 days of receipt
      Local government has 180 days to adopt or amendment deemed withdrawn unless extended by agreement
      Department posts notice of intent on agency’s website
      State Coordinated Review Process
    • DCA must challenge within 45 days of receipt of complete amendment package
      Affected party challenge must occur within 30 days of adoption
      State Coordinated Review Process
    • Questions