Have reviewed changes made last year to sector plan statuteWe worked extensively on that legislation prior to enactment in 2011Everyone expected large landowners would immediately begin sector plansGenerally that hasn’t happenedReasons include current economy as well as way landowners look at these issues
Large landowners are interested in sector planning as a toolLandowners, regulators and environmentalists have wanted a flexible but principled large-area planning tool for years.Landowners wanted it as a way to make decisions about their land Sector planning fulfills this need from their perspective Planning tool that doesn’t require immediate mitigation or granting of conservation easements Intended for implementation over long term – 50 years Allows landowner to continue ranching and farming in interimMost important – it settles expectations for everyone
One of the questions I frequently get when talking to landowners about a sector plan is:So what does this plan look like? There’s no single plan that can be used to answer that question. That’s one of the strengths of this planning tool – it is adaptableNot a one-size-fits-all planning tool. So let’s look briefly at two examples. Both of these plans were criticized and subject to citizen challenges before going into effect.Both illustrate common features of the best sector plans Have an economic driver that is important to the larger community2. Include long-term planning for transportation facilities needed at build-outHave important commitments to protect regionally significant resources long before developmentBased on mixed-use development patterns5. Prepared with extensive public involvement programs
This is the map for the WBSP, perhaps best-know of sector plans from pilot programAdopted in 2002 by Bay County after several years of public involvement and active planningNote the generality of the map. It’s basically a vision for how uses will be arranged in the planning area of 75,000 acresLandowners are comfortable with this kind of approach because of its generality.
Economic Driver for this plan was relocation of the Panama City airport inlandConstraints at old location impeded extension of runways for safety and better serviceNote the 50-year planning period Note also the resource protection and long-range transportation planning features in the plan On previous slide you saw the very general nature of the long-term master plan for the planning area. More detail in GOPs
Here’s a more recent plan – Osceola County’s Northeast District Conceptual Master PlanActually not originally a sector plan, but converted last summer under new lawOsceola County took lead in planning NED as one of 9 Mixed-Use Districts that comprise Urban Expansion Area for the UGBLandowner, Deseret Ranches of Florida, also involvedResulted in plan with 6 maps and GOPs Maps much more detailed than WBSP
Economic driver – proximity to Orlando’s new “Medical City” bio-technology complex. Also OIACounty wants to be more than bedroom community for OrlandoPlanning period was 2025 but build-out was projected at 2039 Smaller in size at 19,000 acres – and that was after settlement with DCA and agencies. Note that 70 percent of the land in the NED will not be developedExtensive transportation planning , both right of way reservations and longer-range planning for east-west corridors
Includes multiple strategies to protect Econlockhatchee Swamp, headwaters of Econ River that flows north into St. JohnsConservation easement for all wetlands in Econ Swamp, the entire on-site swamp250-foot upland buffer to the west of the Econ Swamp
So why hasn’t there been a surge of sector plans? Instead of concluding that there’s a lack of interest, better to see it as a go-slow approach Let’s landowners understand commitments they would have to make in a sector planDon’t under-estimate the sensitivity of that among farmers and ranchers who aren’t used to land use regulatory process.We’re in a down economy, so there’s no real estate market promising any returns at all Some large landowners converted their previous plans into sector plans under the 2011 law (Osceola NED, East Nassau, Rodina plus BHR approved for conversion)
So who is considering sector plans as an opportunity? Landowners, not developers. Developers are still not in the game Landowners tend to be families or institutional owners, not publicly traded companies. (Plum Creek exception)Owners who hold their land for many years and have a strong stewardship ethic. Families concerned about generational issues – older generation wants to find a way to keep younger generation tied to the land.
Some important advantages for landowners Plan can build value into the land even if only a small portion is planned for eventual urban development. New law creates linkages to WMD regional water supply plans and MPO long-range transportation plans. Plan can create legacy for good stewards. Even if they don’t want to immediately grant conservation easements, identifying areas that would be preserved eventually is a big step. (Some large-area plans begin land protection without easements – tighter restrictions on use in AG and NR areas of BHR)Plan can reinforce families commitment to the land. Also a good defense against unwanted land uses. Unplanned land is like a magnet that attracts all the things nobody else wants – landfills, transmission lines, etc. A good plan can make it harder to do that.
Landowners also have to focus on disadvantages of a sector plan.Long and expensive – several years and costs can reach into 7 figures Lots of public scrutiny and landowners by and large usually want to be left alone to work their landCan be complications for farming and ranching from plan policies, even if those uses are protected in the interimPlanning is a welcome mat for regulators and environmental groups that have their own visions of what the owner should do with his or her land. Although a land use change is not supposed to affect a landowners agricultural use classification under Greenbelt Law, some aggressive PA may try to make it one.
Finally, dealing with landowners can present some unusual challenges for those who are not used to it. They are not like land developers.Most developers have a working knowledge of land use regulatory process and are skilled at negotiating with regulatory agencies. Landowners usually are not. Agriculture has been exempted from land use and environmental protection programs. They don’t want a plan to interfere with their ranching and farming – or to limit their ability to adopt new business strategies that may still be agricultural but require more intensive use of land – from grazing to row crops or sod farming. They won’t provide any mitigation since they won’t be the developer.They won’t grant conservation easements since no reciprocal benefit to them. The benefit usually goes to the developer, who comes later.They are publicity shy and don’t want a lot of attention.
Sector planning presentation by Jim Sellen, Mike McDaniel, David Powell & David Hallman
Mike McDanielFAPA Public Policy Workshop Tallahassee, Florida February 8, 2012
Statutory reference: 163.3245 Purpose • Long Range Planning (20 to 50 years) • Intended for substantial geographic areas • Must have at least 15,000 acres (previously 5,000) • Focus Urban Form Regionally significant resources Regionally significant facilities No longer a pilot program, no limit on number that may be approved (previously 5)
No longer requires agreement with state land planning agency for authorization to begin Scoping meeting is optional • If held, purpose is to identify Relevant planning issues Available data and resources • RPC prepares recommendations to local government and DCA If area is in two or more jurisdictions, they may enter a joint planning agreement to address • Planning issues to be emphasized • Procedures to address extra-jurisdictional impacts • Other issues
Two levels • Long-Term Master Plan Adopted by plan amendment Subject to state coordinated review process Can exceed planning horizon of plan Demonstration of need not required • Detailed Specific Area Plans (DSAP) Adopted by local ordinance; DRI exempt Must be consistent with long-term master plan Rendered to state land planning agency; subject to appeal Must contain 1,000 acres (can be waived) Can exceed planning horizon Demonstration of need not required
Consists of : • A framework map identifying major land uses and land use patterns • Data and analysis and policies addressing: Water Supplies Regionally significant transportation facilities Other regionally significant public facilities Regionally significant natural resources Urban form, lands identified for permanent preservation, urban sprawl, housing diversity, multimodal transportation, and jobs Procedures to address extra-jurisdictional impacts
Applicant may apply for Master Development Order approval (380.06(29)) to establish build-out date until which approved uses not subject to downzoning or reductions Property owners may initially choose not to be part of Master Plan, but after approval may withdraw from long-term master plan only by plan amendment
Upon approval of the long-term master plan: • The MPO long-range transportation plan must be consistent, to the maximum extent feasible, with the master plan’s projected population and approved uses • The master plan’s transportation facilities must be developed in coordination with the adopted MPO long-range transportation plan • The water supply needs, sources, and development projects shall be incorporated into the regional water supply plan in accordance with water management district requirements • A landowner may request a consumptive use permit commensurate with the long-term planning period
• Detailed analysis and identification, appropriate policies, and capital improvements addressing: The distribution and densities and intensities of land uses Water resource development projects and water conservation measures Transportation facilities Public facilities, both regional and project-specific Natural resource protection, including conservation easements Urban form, housing diversity, multimodal transportation, and jobs Extra-jurisdictional impacts
Must establish buildout date until which approved uses are not subject to downzoning or density/intensity reductions Previously approved Sector plans shall have their DSAPs governed by new legislation
Plan amendments adopted prior to July 1, 2011, and containing at least 15,000 acres may convert to Sector Plans through an agreement with DCA if consistent with criteria for long-term master plan A long-term buildout overlay adopted prior to July 1, 2011, shall be implemented through the new DSAP process A Master DRI development order may be implemented through new DSAP process
Horizons West (Orange Co) – 21,000 acres • 40,974 dus, 10.3 million sf non-res • 6 DSAPs Clear Springs (Bartow) – 17,466 acres • 11,016 dus, 28.7 million sf non-res • 1 DSAP West Bay (Bay Co) – 72,500 acres • 27,631 dus, 37.9 million sf non-res • 2 DSAPs Mid-West (Escambia Co) – 16,000 acres • 23,000 dus, 12.2 million sf non-res • 2 DSAPs
NE District (Osceola Co) – 19,140 acres • 29,320 dus • 10.5 million sf non-res East Nassau Community Plan – 22,675 acres • 24,000 dus • 11 million sf non-res Rodina (Hendry Co) – 25,832 acres • 21,000 dus • 4.35 million sf non-res
Bluehead – (Highlands Co) 50,000 acres • 30,000 dus, 11million sf non-res Farmton – (Volusia/Brevard Cos) 58,000 acres • 25,406 dus, 5.95 million sf non-res Fellsmere – 18,387 ac • 19,750 du, 8 million sf non-res
Hendry – several, including Alico Lake County – 16,200 acres Alachua Co – Plum Creek - 65,000 acres Washington & Bay Co’s – Knight Family - 55,000 acres
TITLE SLIDE David L. PowellAPA Florida Public Policy Workshop Tallahassee, Florida February 8, 2012
Large landowners are interested in it Many have wanted a practical planning tool to make long-term decisions about their land Sector planning answers this need • Plan-based tool that doesn’t require immediate mitigation • Intended for gradual, long-term implementation • Allows owner to continue ranching and farming Settles expectations for everyone 18
Relocation of Panama City Int’l Airport Planning period – 2052 Population at build-out – 71,093 Total size – 74,729 acres Undeveloped acreage – 61% Mixed-use development pattern Right of way reservation for SR 79 Resource protection for West Bay 21
5 miles to Orlando’s emerging “Medical City” Planning period – 2025 (2039) Population at build-out – 62,800 Total size – 19,140 acres Undeveloped acreage – 70% Planned for multi-modal transportation Right of way reserved for Osceola Parkway Two east-west transportation corridors 23
Pent-up demand for large-area planning due to the sector plan pilot program’s 5-plan limit Landowners were expected to jump at the chance to do sector planning under new law Instead, they are slow out of starting blocks • Analyzing commitments they would have to make • No demand in real estate market • Some took advantage of conversion process 25
Mostly landowners, not developers Mostly families and institutions rather than publicly traded companies Owners who expect to hold their land for many years and are patient Owners who are committed to a strong stewardship ethic Families concerned about generational issues 26
A plan can build long-term value in the land by coordinating land use, water, transportation A plan can create a legacy for good stewards with planned conservation areas and continued ranching and farming A plan can reinforce a family’s commitment to their land through changing generations A plan can be a good defense against unwanted land uses 27
Long, expensive and complicated process Lots of public scrutiny and perhaps criticism Potential complications for ranching and farming operations Heightens desires that others may have to control the owner’s land Potential questions concerning agricultural use classification for ad valorem taxes 28
They don’t have experience at modern land use regulation like developers They don’t want a long-term plan to interfere with ranching and farming They won’t provide mitigation since they won’t be the developer They don’t want to grant conservation easements early, without reciprocal benefit They are publicity shy 29
Nassau CountyDevelopment & Preservation Framework (ENCPA)The East Nassau Community Planning Area Implements the County’s Framework through: Future Land Use Map and Text Amendments Land Use Components: Conservation and Habitat Network Employment Center Regional Center Transit-Oriented Developments Resort Development Village Centers Neighborhood Centers Residential Neighborhoods Tiers 1-3