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