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