HomeMy WebLinkAbout1997 08 06 Regular Item B
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development
LOCAL PLANNING AGENCY AGENDA ITEM:
II. B.
EV ALUA nON AND APPRAISAL REPORT (EAR)
PURPOSE:
The purpose of this Board Item is to update the Local Planning Agency on what the consultant,
Benyman & Henigar, has done to date on the preparation of the City's EAR Fred Goodrow,
Planning Manager at Berryman & Henigar, will give a short presentation and will engage the
Board in a discussion concerning the City's Comprehensive Plan as part of the process of the
preparation of the EAR.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3191(1) F,S. which states in part: "The planning progdm shall be a
continuous and ongoing process. The local planning agency shall prepare periodic reports on the
comprehensive plan, which shall be sent to the governing body and to the state land planning
agency at least once every 5 years after the adoption of the comprehensive plan. . . . The
evaluation and appraisal report process shall be the principal process for updating local
comprehensive plans to reflect changes in state policy on planning and growth management."
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The provisions of9J-l1.018 F.AC. which state in part: "The proposed evaluation and appraisal
report will asses and evaluate the success or failure of the local government's adopted
comprehensive plan, including the validity of the projections, the realization of the goals and
objectives, and implementation of the plan's policies. The proposed evaluation and appraisal
report shall also address changes in local conditions, the effect on the comprehensive plan of
changes to: the state comprehensive plan, Chapter 163, Part II, Florida Statutes, Chapter 9J-5,
Florida Administrative Code, and the appropriate strategic regional policy plan; suggest changes
needed to update the comprehensive plan, elements, or portions thereof; suggest reformulated or
additional goals, objectives, policies, maps, schedules, and procedures; and otherwise address the
requirements specified in Section 163.319], Florida Statutes, and this Rule."
....
CONSIDERATIONS:
*
It requires approximately one (I) year to complete all the data and analysis
requirements indicated in 163.3191(2) F.S.
*
The City has hired Berryman & Henigar to complete a draft of the EAR by
June 3, 1997.
IMPLEMENTATION SCHEDULE:
*
For the City of Winter Springs, the deadline to submit the draft of its Evaluation
and Appraisal Report (EAR) is 5:00 p.m. June 3, 1998.
*
The City Commission must adopt the EAR by September 1, 1998.
\..
D. EAR Preoaration and Adoption Process
1. Role of the Local Plannin~ AQencv: Section 163.3191(4). F.S.. and Rule 9J-5.0053.
F.A.C., establishes the process for the preparation and adoption of an EAR. In accordance with the
schedule in Rule Chapter 9J-33, F.A.C., the proposed EAR is prepared by the local planning agency
(LPA) and sent to the local governing body for adoption. A copy is also sent to DCA. Since the
proposed EAR is received by DCA only 90 days before the EAR is adopted by the local government.
there may be insufficient time for the local government to make any major revisions in the EAR
based on review comments by DCA. However, DCA will review proposed EARs and will provide
comments and other technical assistance as requested by local governments as they prepare adopted
EARs to avoid potential sufficiency problems.
. .
The public participation procedures included in the community's comprehensive plan must
be followed by the LP A during the preparation and transmittal of the proposed EAR. Although there
is no state requirement for the LP A to conduct a public hearing before transminal of the proposed
EAR to the local governing body. local procedures typically do require at least one public hearing.
If an early EAR has been prepared, then the LP A must transmit an EAR addendum consistent \\'irh
the Rule Chapter 9J-33, F.A.C., schedule.
Even if the LP A fails to transmit the' proposed EAR or addendum 90 days prior to the
adoption due date established in Rule Chapter 9J-33, F.A.C.. the local government may still transmit
proposed plan amendments. However. if the LPA misses its 90-day deadline. there may be problems
in moving forward to adoption of a proposed amendment. V.rhen a proposed amendment is
submined only 90 days prior to the scheduled EAR adoption due date. there is not sufficient time
for the proposed amendment to be reviewed (ORC Report issued) and for it to be adopted by the
local government prior to the adopted EAR subminal due date. If the EAR is not adopted as
scheduled, then the amendment could not be adopted. If the EAR is adopted as scheduled, but found
insufficient, then the amendment could not be adopted until the insufficiency of the EAR is resolved.
Amendments may be adopted even if the LPA misses its due date. However, amendments
(other than EAR-based amendments) may not be adopted during the time period between the
adopted EAR due date and the date the EAR is determined to be sufficient.
If DCA is in the process of reviewing a proposed or adopted amendment when the LP A fails
to meet its EAR transminaJ date, DCA will continue the review process and issue an ORC Report
or compliance determination, as applicable. Once DCA has processed for review a proposed or
adopted amendment, it will complete the review. The amendment must be adopted prior to the E.<\R
subminaJ due date. If the amendment is adopted after the Rule 9J-33. F.A.C., subminal date for an
adopted EAR, the Department will not accept it for review until a sufficiency determination has been
made, unless it is an EAR-based amendment. As pointed out above. if the EAR is insufficient. then
a local government cannot legally adopt the amendment until the EAR has been determined
sufficient.
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