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


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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

  1. 1. HB 7207 : The Community Planning ActChapter 2011-139, Laws of Florida<br /> 2011 FAPA Conference<br />The Department of Community Affairs<br />September 8, 2011<br />
  2. 2. Local governments given greater responsibility for managing their growth<br />State review refocused to <br /> important state resources <br /> and facilities<br />Review process streamlined<br />Incentives created for large <br /> scale, long range planning<br />DCA’s mission is to integrate with the <br /> 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<br />Legislative Themes<br />
  3. 3. State Comprehensive Plan from compliance determination<br />EAR sufficiency review and EAR reports<br />Twice per year plan amendment limitation<br />Energy efficiency/greenhouse gas reduction provisions (HB 697)<br />HB 7207: What Is Eliminated?<br />
  4. 4. Rule 9J-5 – portions incorporated into statutes<br />Mandatory concurrency for transportation, schools, and parks and recreation facilities <br />Financial feasibility for capital improvement plans<br />Mandatory Public School Facilities Element<br />Mining, industrial, hotel and multi-screen movie theater development from DRI review<br />HB 7207: What Is Eliminated?<br />
  5. 5. The 5-year schedule of capital improvements is no longer required to be financially feasible <br />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<br />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<br />Financial Feasibility<br />
  6. 6. 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<br />The amendment will be processed under the Expedited Review Process but is not subject to state review<br />Level of service standards must be retained for roads and parks and recreation facilities to guide future capital facility planning<br />Concurrency <br />
  7. 7. Must allow an applicant for a DRI development order, rezoning, or other land use development permit to satisfy transportation concurrency through proportionate share<br />Developers not responsible for correcting past or future transportation <br /> deficiencies<br />Local governments not <br /> required to adopt FDOT <br /> level of service standards <br /> for SIS facilities<br />Transportation Concurrency<br />
  8. 8. The proportionate share contribution is calculated based on the DRI proportionate share formula<br />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 <br />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<br />Proportionate Share<br />
  9. 9. 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<br />Not effective in municipalities not adopting<br />If less than 80% population, then school concurrency cannot be implemented<br />The interlocal agreement not required to be submitted to the state for review<br />Public School Concurrency<br />
  10. 10. Urban Service Area definition<br />Removes requirement that area be built-up<br />Removes requirement that public facilities be planned within first three years, but must exist or be scheduled in Capital Improvements Element<br />Planning Horizon - Allows additional planning periods for different amendments and components<br />HB 7207: What Is Revised?<br />
  11. 11. EAR report no longer required<br />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<br />New schedule posted on web<br />Self evaluation, not subject to sufficiency review<br />Must propose amendments based on evaluation within 1 year<br />Evaluation and Appraisal Process<br />
  12. 12. <ul><li>EAR amendments subject to state coordinated review process
  13. 13. Failure to submit the notice or propose amendments based on evaluation and appraisal results in prohibition of amendments</li></ul>Local government encouraged to evaluate, and as necessary, update plan to reflect changes in local conditions<br />Evaluation and Appraisal Process<br />
  14. 14. No limitation on the number of sector plans<br />The minimum planning area is increased to 15,000 acres<br />Agreement with DCA not required<br />The long-term master plan is adopted by amendment to the comprehensive plan<br />Detailed specific areas plans adopted through a local government development <br /> order<br />DRI review waived for DSAP<br />Sector Plans<br />
  15. 15. May be based on planning periods longer than the comprehensive plan’s horizon<br />Not required to demonstrate land use need<br />Local development orders approving detailed specific area plans must be rendered to DCA <br />DCA reviews to determine if DSAP consistent with comprehensive plan and long-term master plan<br />DCA may appeal the development order<br />Sector Plans<br />
  16. 16. Process initiated by request of land owner/s or local government<br />Prior authorization of DCA not required<br />Must contain at least 10,000 acres<br />The rural land stewardship area is designated by a future land use map overlay <br />The overlay does not require a demonstration of need<br />Development in RLSA is exempt from DRI review<br />Rural Land Stewardship Areas<br />
  17. 17. The plan amendment designating a rural land stewardship area is subject to the state coordinated plan review process<br />Designation of receiving areas are approved through local <br /> government <br /> land development <br /> regulations<br />Rural Land Stewardship Areas<br />
  18. 18. 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<br />The plan must accommodate a minimum of 10 years of growth based on <br /> BEBR medium population <br /> projections<br />Land Use Need<br />
  19. 19. 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<br />Includes 13 indicators of sprawl<br />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<br /> development features<br />Urban Sprawl<br />
  20. 20. Aggregation<br />One of the five criteria, “Sharing of infrastructure,” was eliminated from the aggregation analysis<br />Three of the four remaining criteria must now be met to determine whether the projects will be aggregated<br />Continues the exemption from DRI review in dense urban land areas<br />Essentially built out DRI criteria<br />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<br />DRI Revisions<br />
  21. 21. Substantial deviations <br />Increases criteria for commercial, office, and attraction and recreation facilities<br />States that recalculation of proportionate share and changes to mitigation plan using new formula is presumed not to be a substantial deviation<br />Eliminates industrial, hotel/motel, and multi-screen movie theaters from<br /> guidelines and standards <br />Adds mining as a statutory <br /> exemption<br />DRI Revisions<br />
  22. 22. DCA reorganized into the Department of Economic Opportunity <br />Effective October 1, 2011<br />Division of Community Planning reduced from 61 to 32 positions<br />Relocating from offices in Southwood to downtown adjacent to Capitol<br />Doug Darling new Executive Director<br />Comprehensive plan staff divided into three geographic regions:<br />Reorganization<br />
  23. 23.
  24. 24. Comprehensive Plan Amendment Processes<br />
  25. 25. Expedited state review process<br />Reduces review time period from 136 days to 65 days<br />State coordinated review process<br />Small scale amendment process<br />10 acres or less (RACEC 20 acres)<br />No density/intensity limitation<br />Directly related text change permitted<br />Maximum of 120 acres per year<br />Three Amendment Processes<br />
  26. 26. <ul><li>All amendments except EAR-based, area of critical state concern, sector plan, rural land stewardship, areas of critical state concern, and new plans
  27. 27. Agency comments sent directly to </li></ul> local government within 30 days of<br /> receipt of amendment, with copy to DCA<br />Local governments must adopt amendment within 180 days after receipt of agency comments or proposed amendment deemed withdrawn, unless extended by agreement<br />DCA has 30 days to challenge<br />Challenge based on comments made by DCA or other state agencies<br />Expedited Review Process<br />
  28. 28. Scope of agency review restricted to adverse impacts on important state resources and facilities<br />Subject matter of agency review is specifically defined<br />DCA review restricted to issues outside of jurisdiction of other state agencies<br />DCA does not publish a Notice of Intent<br />Affected persons must file challenge within 30 days of adoption, DCA may not intervene<br />Expedited State Review Process<br />
  29. 29. Coordinated by DCA<br />Agency comments sent to DCA and ORC Report prepared<br />Scope of DCA review expanded to include compliance issues<br />ORC report issued within 60 days of receipt<br />Local government has 180 days to adopt or amendment deemed withdrawn unless extended by agreement<br />Department posts notice of intent on agency’s website<br />State Coordinated Review Process<br />
  30. 30. DCA must challenge within 45 days of receipt of complete amendment package<br />Affected party challenge must occur within 30 days of adoption<br />State Coordinated Review Process<br />
  31. 31. Questions<br />