HB 7207 : The Community Planning Act
Chapter 2011-139, Laws of Florida
2011 FAPA ConferenceThe 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
Concurrency
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 deficiencies
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 order
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 government land development regulations
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 projections
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 identifieddevelopment 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 fromguidelines and standards
Adds mining as a statutory exemption
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:
Reorganization
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 ofreceipt 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