HomeMy WebLinkAbout2011 09 12 Informational 102 Community Planning Act
CITY COMMISSION AGENDA
ITEM 102
Consent
Information X
Public Hearing
Regular
September 12, 2011
Meeting
Mgr. / Dept
REQUEST:
The Community Development Department - Planning Division is providing an overview
of the Community Planning Act to the City Commission.
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SYNOPSIS:
On June 2, 2011, House Bill 7207, known as the Community Planning Act, was signed
into law. This has been touted as the biggest change to growth management legislation in the state of
Florida since the landmark 1985 Growth Management Act. The Community Planning Act is intended
to have profound effects on local governments, landowners, and citizens in an effort to help correct the
state’s economic woes. It is also intended to give local governments more say in the future growth
management of their respective communities and reduce, but not eliminate, state oversight of land use
planning. Staff is providing a brief overview of the Community Planning Act for your information.
Additional updates relative to the impacts of the Community Planning Act will be forthcoming as
warranted.
CONSIDERATIONS:
One of the major aspects of the Community Planning Act is the reorganization
of the Department of Community Affairs (DCA) and movement of several functions of DCA into the
newly created Department of Economic Opportunity (DEO). The DEO’s main role will be to function
as an economic development agency for the State of Florida. AS stated above, DCA’s division of
Community Planning and Division of Housing and Community Development will be moved into this
agency. The DEO will be designated as the state land planning agency to administer Florida’s local
government comprehensive planning and other growth management programs. Also within this agency
will be the Office of Tourism, Trade and Economic Development, and the Agency for Workforce
Innovation. The DEO is scheduled to be operating by October 1, 2011.
In addition the following major changes to the state’s growth management laws which will have an
impact on Planning in the City of Winter Springs have been instituted.
State review of amendments to the local Comprehensive Plan will now only focus on
“important state resources and facilities.”
September 12, 2011
City Commission, Item 102
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Comments provided by state agencies related to a local government Comprehensive Plan
amendment will now be limited specifically to adverse impacts to important state resources or
facilities, and will identify measures the local government may take to eliminate, reduce, or
mitigate adverse impacts, if any, to important state resources.
The twice per year limitation for large-scale future land use amendments (over 10 acres in
size) has been eliminated. Under this practice, local governments were only permitted to
process and adopt large-scale amendments two times per year. Under the Community Planning
Act, large-scale amendments may be processed and adopted at any time during the year.
Under the provisions of the 1985 Growth Management Act, local governments were permitted
approval of small-scale future land use amendments (under 10 acres) totaling a maximum of
80 acres per year. Under the Community Planning Act, local governments are now permitted
approval of small-scale future land use amendments totaling a maximum of 120 acres per year.
State mandated concurrency for transportation, public schools, and parks and recreation has
been repealed. Local governments may continue to implement concurrency on established
local levels but, as a minimum, must adhere to the minimum state requirements. Only sanitary
sewer, solid waste, drainage and potable water are subject to concurrency on a statewide basis.
The requirement for a Public Schools Facilities Element in the Comprehensive Plan has been
repealed.
The “financial feasibility” requirement for the 5-year Capital Improvements Plan (CIP) has
been eliminated. The improvements contained within the CIP are now only required to be
identified as “funded or unfunded” and given a level of priority for funding. The CIP is
required to be updated annually, but sanctions for a local government which fails to annually
update its CIP have been eliminated. The CIP can now be adopted under local ordinance, not
through a Comprehensive Plan amendment.
Each local government is required to prepare an Evaluation and Appraisal Report (E.A.R.) of
their respective Comprehensive Plan every 7 years. Under the previous legislation, the E.A.R
was required to address numerous topics. Under the Community Planning Act, local
governments can now simply evaluate whether amendments are necessary to their
Comprehensive Plan to reflect changes in state requirements. Local governments may now
send a letter to the state land planning agency every 7 years listing their intended changes, if
any, to their respective Comprehensive Plan.
The maximum duration of a Development Agreement between a local government and a
developer has been extended from 20 to 30 years.
Hotels, motels, and multi-screen movie theaters have been exempted from the Development of
Regional Impact (DRI) process unless they are in a multi-use project which requires DRI
review.
September 12, 2011
City Commission, Item 102
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For the first time in the state’s history, a definition of “urban sprawl” has been provided in
state statutes and 13 primary indicators of urban sprawl have been codified into state law.
FISCAL IMPACT:
There is no direct fiscal impact associated with this agenda item.
COMMUNICATION EFFORTS:
This Agenda Item Has Been Electronically Forwarded To The
Mayor And City Commission, City Manager, City Attorney/Staff, And Is Available On The City’s
Website, LaserFiche, And The City’s Server. Additionally, Portions Of This Agenda Item Are Typed
Verbatim On The Respective Meeting Agenda Which Has Also Been Electronically Forwarded To The
Individuals Noted Above, And Which Is Also Available On The City’s Website, LaserFiche, And The
City’s Server; Has Been Sent To Applicable City Staff, eAlert/eCitizen Recipients, Media/Press
Representatives Who Have Requested Agendas/Agenda Item Information, Homeowner’s
Associations/Representatives On File With The City, And All Individuals Who Have Requested Such
Information.
This Information Has Also Been Posted Outside City Hall, Posted Inside City Hall With Additional
Copies Available For The General Public, And Posted At Five (5) Different Locations Around The
City. Furthermore, This Information Is Also Available To Any Individual Requestors. City Staff Is
Always Willing To Discuss This Agenda Item Or Any Agenda Item With Any Interested Individuals.
RECOMMENDATION:
The City Commission is being asked to review and accept the information
in this agenda item.
ATTACHMENTS
: None