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HomeMy WebLinkAbout2008 06 04 Informational 100 Proposed Legislation by the Department Of Community Affairs (DCA)PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 100 June 4, 2008 Meeting Consent __ Information X Public Hearin Re ular REQUEST: The Community Development Department -Planning Division wishes to provide the Local Planning Agency with information on proposed legislation by the DCA. PURPOSE: This document is provided for your information and reading pleasure. CONSIDERATIONS: The following was proposed as draft legislation by the DCA as one of several growth management proposals for consideration by the 2008 Legislature. It was entitled "Citizen's Planning Bill of Rights" and drafted as a response to "Hometown Democracy". "Hometown Democracy" is the common reference for a proposed constitutional amendment that would require a public referendum any time a local government adopted or amended its comprehensive plan. The proposed amendment, Referenda Required for Adoption and Amendment of Local Government Comprehensive Land Use Plans, can be viewed on the Department of State, Division of Elections website. The Florida American Planning Association (FAPA) Opposes "Hometown Democracy". It recognizes that the "Hometown Democracy" petition drive is a reaction to shortcomings of the current planning process and a mistrust of local government to manage rapid state-wide growth. The petition itself is a clear signal that all is not well with Florida's current growth management system. Proponents of "Hometown Democracy" believe that there are too many amendments to local plans, often to the detriment of the local community. To resolve this concern, the proposed initiative would shift final approval of comprehensive plans and amendments from the local elected officials to the voting public through referenda. This approach is not the answer. The "Hometown Democracy" amendment proposes a single solution to a complex and important set of issues that face communities on a daily basis. This simplistic approach will have numerous unintended consequences. • It will encourage parochial and potentially short-sighted decisions. • It will lead to an over-simplification of otherwise complex land use planning issues, as they will necessarily have to be reduced to short statements on a ballot. June 4, 2008 INFORMATION AGENDA ITEM 100 • It could actually increase the influence of special interests by encouraging aggressive public relations and media campaigns to sway the electorate. • It could reduce the accountability of elected officials. • It will cause growth issues to be addressed on a piecemeal basis, without consideration of the number of factors that go to supporting sustainable economies which conserve and enrich property values in the long term. • It does nothing to protect Florida's scenic beauty or sensitive natural areas, despite its proposed placement in Article II, Section 7 of the Florida Constitution. • It could inhibit a local government's ability to provide essential services and facilities through the addition of expense, delay and uncertainty associated with requiring a referendum. • It cannot guarantee better land use planning. • It may actually dismantle successful participation processes, as the use of referenda will not guarantee meaningful public participation in the comprehensive planning process. Citizens have the right and the responsibility to participate in their government. Florida's current laws allow and encourage citizen participation in the comprehensive planning process, including requirements for public notice and opportunities to speak at public hearings. FAPA supports efforts to educate the public concerning planning process and opportunities to participate in that process. FAPA also supports developing more meaningful ways to ensure citizen participation and improve citizen involvement in the comprehensive planning process through local planning initiatives and legislative changes to Florida's growth management framework. The following link will provide you with more information on the "Hometown Democracy" issue: http://www.floridaplanning.org/hometown/Housin~Article.pdf RECOMMENDATION: None required ATTACHMENTS: Proposed Legislation- "Citizen's Planning Bill of Rights" P&Z /LOCAL PLANNING AGENCY RECOMMENDATION: Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3-4-08 1 163.3174 Local planning agency. 2 (1) The governing body of each local government, individually or in combination as provided in s. 3 163.3171, shall designate and by ordinance establish a "local planning agency," unless the agency is 4 otherwise established by law. Notwithstanding any special act to the contrary, all local planning 5 agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in 6 each municipality and county shall include a representative of the school district appointed by the 7 school board as a nonvoting member of the local planning agency or equivalent agency to attend 8 those meetings at which the agency considers comprehensive plan amendments and rezonings that 9 would, if approved, increase residential density on the property that is the subject of the application. 10 However, this subsection does not prevent the governing body of the local government from 11 granting voting status to the school board member. Members of governing body may not serve on 12 Th° s^-~°w.:.,g ~.„ay ...^~~ a°~~°~^*° ~*~°~~'~~ the local planning agency pursuant to this subsection. V V Y Vl 111 11 VVti III 13 .The governing body shall notify the 14 state land planning agency of the establishment of its local planning agency. All local planning 15 agencies shall provide opportunities for involvement by applicable community college boards, 16 which may be accomplished by forn--al representation, membership on technical advisory 17 committees, or other appropriate means. The local planning agency shall prepare the comprehensive 18 plan or plan amendment after hearings to be held after public notice and shall make 19 recommendations to the governing body regarding the adoption or amendment of the plan. The 2 0 agency may be a local planning commission, the planning department of the local government, or 21 other instrumentality, including a countywide planning entity established by special act or a council 2 2 of local government officials created pursuant to s. 163.02, provided the composition of the council 2 3 is fairly representative of all the governing bodies in the county or planning area; however: 24 (4) The local planning agency shall have the general responsibility for the conduct of the 2 5 comprehensive planning program. Specifically, the local planning agency shall: 2 6 (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and 2 7 shall make recommendations to the governing body regarding the adoption or amendment of such 2 8 plan. During the preparation of the plan or plan amendment and prior to any recommendation to the 2 9 governing body, the local planning agency shall hold at least one public hearing, with public notice, 3 0 on the proposed plan or plan amendment. The goveming body in cooperation with the local planning Page 1 of 11 CODING: Wortls str+ske~ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3.4-08 31 agency may designate any agency, committee, department, or person to prepare the comprehensive 3 2 plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment 3 3 to the governing body shall be the responsibility of the local planning agency. 34 3 5 163.3181 Public participation in the comprehensive planning process; intent; alternative 3 6 dispute resolution. 3 7 (1) It is the intent of the Legislature that the public participate in the comprehensive planning 3 8 process to the fullest extent possible. Towards this end, local planning agencies and local 3 9 governmental units are directed to adopt procedures designed to provide effective public 4 0 participation in the comprehensive planning process and to provide real property owners with 41 notice of all official actions which will regulate the use of their property. Each local government 4 2 shall adopt by ordinance requirements for the holding of a communi or neighborhood meeting 4 3 prior to the filing of applications for future land use map amendments consistent with the 44 provisions of s. 163.3184(3). The provisions and procedures required in this act are set out as 4 5 the minimum requirements towards this end. 46 163.3184 Process for adoption of comprehensive plan or plan amendment.-- 4 7 (1) (a) "Affected person" includes the affected local government; persons owning property, 4 8 residing, or owning or operating a business within the boundaries of the local government whose 4 9 plan is the subject of the review; owners of real property abutting real property that is the subject 5 0 of a proposed change to a future land use map; and adjoining local governments that can 51 demonstrate that the plan or plan amendment will produce substantial impacts on the increased 52 need for publicly funded infrastructure or substantial impacts on areas designated for protection 53 or special treatment within their jurisdiction. Each person, other than an adjoining local 54 government, in order to qualify under this definition, shall also have submitted oral or written 55 comments, recommendations, or objections to the local government during the period of time 5 6 beginning with the transmittal hearing for the plan or plan amendment and ending with the 5 7 adoption of the plan or plan amendment. 58 59 ~ (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR AMENDMENT.-- Page 2 of 11 CODING: Words st~+eker+ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3-4.08 6 0 (a) Prior to the filing of an application for an amendment to the future land use map, the applicant 61 shall conduct a noticed communit oY r neighborhood meeting to present, discuss and solicit public 62 comment on the proposed map amendment. The meeting shall be noticed and conducted by the 6 3 applicant in accordance with the local government's adopted regulations for such meetings and shall 64 be held at least 30 calendar days before the filing of the application for the amendment. The 6 5 application shall contain a written certification or verification that the meeting has been held and that 66 the required notice was given. At least 15 calendar days before the local overning body holds an 6 7 adoption hearing on a map amendment, the applicant shall conduct a second noticed community or 6 8 neighborhood meeting to present and discuss the map amendment application as filed, including any 6 9 changes made to the proposed amendment following the first community or neighborhood meeting 7 0 and any additional proposed changes. Prior to the adoption hearing, the applicant shall file with the 71 local government a written certification or verification that the second meeting has been held and 72 noticed in accordance with the local government's adopted regulations for such meetings. This 73 section shall be applicable to every application for a map amendment filed after January 1, 2009. 74 (bc) A local governing body shall not transmit portions of a plan or plan amendment unless it has 75 previously provided to all state agencies designated by the state land planning agency a complete 7 6 copy of its adopted comprehensive plan pursuant to subsection (7) and as specified in the agency's 77 procedural rules. In the case of comprehensive plan amendments, the local governing body shall 78 transmit to the state land planning agency, the appropriate regional planning council and water 7 9 management district, the Department of Environmental Protection, the Department of State, and the 8 0 Department of Transportation, and, in the case of municipal plans, to the appropriate county and, in 81 the case of county plans, to the Fish and Wildlife Conservation Commission and the Department of 82 Agriculture and Consumer Services the materials specified in the state land planning agency's 8 3 procedural rules and, in cases in which the plan amendment is a result of an evaluation and appraisal 84 report adopted pursuant to s. 163.3191, a copy of the evaluation and appraisal report. Local 8 5 governing bodies shall consolidate all proposed plan amendments into a single submission for each 8 6 of the ~ plan amendment adoption dates during the calendar year pursuant to s. 163.3187. 87 88 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN OR 89 AMENDMENTS AND TRANSMITTAL.-- Page 3 of 11 CODING: Words str+slEe~ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3.4.08 9 0 (a) The local government shall review the written comments submitted to it by the state land 91 planning agency, and any other person, agency, or government. Any comments, recommendations, 92 or objections and any reply to them shall be public documents, a part of the permanent record in the 9 3 matter, and admissible in any proceeding in which the comprehensive plan or plan amendment may 94 be at issue. The local government, upon receipt of written comments from the state land planning 9 5 agency, shall have 120 days to adopt or adopt with changes the proposed comprehensive plan ors: 96 '-r ~~T plan amendments. 97 , 9 8 .The adoption 9 9 of the proposed plan or plan amendment or the determination not to adopt a plan amendment, other 100 than a plan amendment proposed pursuant to s. 163.3191, shall be made in the course of a public 101 hearing pursuant to subsection (15). If a local government fails to adopt the comprehensive plan or 10 2 plan amendment within the timeframe set forth in this subsection, the plan or plan amendment shall 103 be deemed abandoned and the plan or plan amendment may not be considered until the next 104 available amendment cycle pursuant to ss. 163.3184 and 163.3187. The local government shall 105 transmit the complete adopted comprehensive plan or plan amendment, including the names and 10 6 addresses of persons compiled pursuant to paragraph (15)(c), to the state land planning agency as 107 specified in the agency's procedural rules within 10 working days after adoption. The local l 0 8 governing body shall also transmit a copy of the adopted comprehensive plan or plan amendment to 10 9 the regional planning agency and to any other unit of local government or governmental agency in 110 the state that has filed a written request with the governing body for a copy of the plan or plan 111 amendment. 112 (15) PUBLIC HEARINGS. - 113 (b) The local governing body shall hold at least two advertised public hearings on the proposed 114 comprehensive plan or plan amendments as follows: 115 1. The first public hearing shall be held at the transmittal stage pursuant to subsection 116 (3). It shall be held on a weekday at least 7 days after the day that the first advertisement was 117 published. 118 2. The second public hearing shall beheld at the adoption stage pursuant to subsection 119 (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is Page 4 of 11 CODING: Words strislEe~ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3.4-08 12 0 published. Andproposed substantial or material change(s) to the plan or amendment to be 121 considered by the local government, must be filed with the local government and made available to 122 th~ublic at least working 5 days before the hearing, includin tg hrough the local government's 12 3 website if one is maintained. The local government shall certify in writing to the Department as part 124 of the adoption package that it has complied with this subsection. 125 163.3187 Amendment of adopted comprehensive plan.-- 126 (1) Comprehensive plan amendments may be adopted by simple majoritYvote of the governing 12 7 body of the local government except as follows: 12 8 (a) A supermajority vote of the members of the governing body of the local government present 12 9 at the hearin ig ~s required to adopt a future land use map amendment if the local planning agency 13 0 recommends to the governing body that the amendment not be adopted; and 131 (b) A supermajority vote of the members of the governing body of the local government present at 13 2 the hearin ig 's required to adopt any text amendment, except for special area policies associated with 13 3 a future land use map amendment, those text amendments that amend the schedule of capital 13 4 improvements, implement recommendations in an evaluation and appraisal report, or are required to 13 5 implement a new statutory requirement. 13 6 ~ {-1-} Amendments to comprehensive plans adopted pursuant to this part maybe made not more 13 7 than ~•~z~n~ once during any calendar year, except: 13 8 ~ Local governments may adopt the followingcomprehensive plan amendments once per calendar 13 9 year in addition to the once-per-year adoption referenced immediately above: 14 0 1. Future land use map amendments and special area policies associated with those 141 map amendments for land within areas designated in the comprehensive plan for 142 urban infill development pursuant to s. 163.3164(25), urban redevelopment 14 3 pursuant to s. 163.3164(,26), downtown revitalization pursuant to s. 163.3164(27j, 144 urban infill and redevelopmentpursuant to s. 163.2517, or an urban service area 145 pursuant to s. 163.3180(5)(b~ Page 5 of 11 CODING: Words str+slEen are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3.4-08 14 6 2. An ly ocal government comprehensive plan amendment establishing or 14 7 implementing a rural land stewardship area pursuant to the provisions of s. 14 8 163.3177 1 lid) or a sector plan pursuant to the provisions of s. 163.3245. 14 9 (ba) In the case of an emergency, comprehensive plan amendments may be made more often than 15 0 once twice during the calendar year if the additional plan amendment receives the approval of all of 151 the members of the governing body. "Emergency" means any occurrence or threat thereof whether 152 accidental or natural, caused by humankind, in war or peace, which results or may result in 153 substantial injury or harm to the population or substantial damage to or loss of property or public 154 funds. 155 (cb) Any local government comprehensive plan amendments directly related to a proposed 15 6 development of regional impact, including changes which have been determined to be substantial 15 7 deviations and including Florida Quality Developments pursuant to s. 380.061, maybe initiated by a 158 local planning agency and considered by the local governing body at the same time as the 15 9 application for development approval using the procedures provided for local plan amendment in 16 0 this section and applicable local ordinances, without regard to statutory or local ordinance limits on 161 the frequency of consideration of amendments to the local comprehensive plan. Nothing in this 16 2 subsection shall be deemed to require favorable consideration of a plan amendment solely because it 163 is related to a development of regional impact. 164 (ds) Any local government comprehensive plan amendments directly related to proposed small 16 5 scale development activities maybe approved without regard to statutory limits on the frequency of 166 consideration of amendments to the local comprehensive plan. A small scale development 16 7 amendment may be adopted only under the following conditions: 168 1. The proposed amendment involves a use of 10 acres or fewer and: 16 9 a. The cumulative annual effect of the acreage for all small scale development amendments adopted 17 0 by the local government shall not exceed: 171 (I) A maximum of 120 acres in a local government that contains areas specifically designated in the 172 local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as 173 defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, 174 transportation concurrency exception areas approved pursuant to s. 163.3180(5), or regional activity Page 6 of 11 CODING: Words strisker~ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3.4-08 175 centers and urban central business districts approved pursuant to s. 380.06(2)(e); however, 176 amendments under this paragraph may be applied to no more than 60 acres annually of property 177 outside the designated areas listed in this sub-sub-subparagraph. Amendments adopted pursuant to 17 8 paragraph (k) shall not be counted toward the acreage limitations for small scale amendments under 179 this paragraph. 18 0 (II) A maximum of 80 acres in a local government that does not contain any of the designated areas 181 set forth in sub-sub-subparagraph (I). 182 (III) A maximum of 120 acres in a county established pursuant to s. 9, Art. VIII of the State 18 3 Constitution. 184 b. The proposed amendment does not involve the same property granted a change within the prior 12 18 5 months. 18 6 c. The proposed amendment does not involve the same owner's property within 200 feet ofproperty 187 granted a change within the prior 12 months. 18 8 d. The proposed amendment does not involve a text change to the goals, policies, and objectives of 18 9 the local government's comprehensive plan, but only proposes a land use change to the future land 190 use map for asite-specific small scale development activity. 191 e. The property that is the subject of the proposed amendment is not located within an area of critical 192 state concern, unless the project subject to the proposed amendment involves the construction of 193 affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of 194 critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 19 5 380.05(1). Such amendment is not subject to the density limitations ofsub-subparagraph f, and shall 196 be reviewed by the state land planning agency for consistency with the principles for guiding 197 development applicable to the area of critical state concern where the amendment is located and 198 shall not become effective until a final order is issued under s. 380.05(6). 19 9 £ If the proposed amendment involves a residential land use, the residential land use has a density 2 0 0 of 10 units or less per acre or the proposed future land use category allows a maximum residential 2 O 1 density of the same or less than the maximum residential density allowable under the existing future 2 0 2 land use category, except that this limitation does not apply to small scale amendments involving the Page 7 of 11 CODING: Words slriske~ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3-4-08 2 03 construction of affordable housing units meeting the criteria of s. 420.0004(3) on property which 2 04 will be the subject of a land use restriction agreement, or small scale amendments described in sub- 205 sub-subparagraph a.(I) that are designated in the local comprehensive plan for urban infill, urban 2 0 6 redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment 2 0 7 areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to 2 0 8 s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to 2 0 9 s. 380.06(2)(e). 210 2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is 211 not required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for 212 such plan amendments if the local government complies with the provisions ins. 125.66(4)(a) for a 213 county or in s. 166.041(3)(c) for a municipality. If a request for a plan amendment under this 214 paragraph is initiated by other than the local government, public notice is required. 215 b. The local government shall send copies of the notice and amendment to the state land planning 216 agency, the regional planning council, and any other person or entity requesting a copy. This 217 information shall also include a statement identifying any property subject to the amendment that is 218 located within a coastal high-hazard area as identified in the local comprehensive plan. 219 3. Small scale development amendments adopted pursuant to this paragraph require only one public 220 hearing before the governing board, which shall be an adoption hearing as described in s. 221 163.3184(7), and are not subject to the requirements of s. 163.3184(3)-(6) unless the local 222 government elects to have them subject to those requirements. 2 2 3 4. If the small scale development amendment involves a site within an area that is designated by the 2 2 4 Governor as a rural area of critical economic concern under s. 288.0656(7) for the duration of such 2 2 5 designation, the 10-acre limit listed in subparagraph 1, shall be increased by 100 percent to 20 acres. 2 2 6 The local government approving the small scale plan amendment shall certify to the Office of 2 2 7 Tourism, Trade, and Economic Development that the plan amendment furthers the economic 2 2 8 objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to 2 2 9 the plan amendment shall undergo public review to ensure that all concurrency requirements and 2 3 0 federal, state, and local environmental permit requirements are met. Page 8 of 11 CODING: Words strisiEee are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3-4-08 2 31 (ed) Any comprehensive plan amendment required by a compliance agreement pursuant to s. 2 3 2 163.3184(16) may be approved without regard to statutory limits on the frequency of adoption of 2 3 3 amendments to the comprehensive plan. 234 235 236 ri,,,, „ .,a.,,o„~~ 2 3 7 (f) Any comprehensive plan amendment that changes the schedule in the capital improvements 2 3 8 element, and any amendments directly related to the schedule, may be made once in a calendar year 2 3 9 on a date different from the one twe times provided in this subsection when necessary to coincide 2 4 0 with the adoption of the local government's budget and capital improvements program. 241 242 243 244 (lag) Any comprehensive plan amendments for port transportation facilities and projects that are 245 eligible for funding by the Florida Seaport Transportation and Economic Development Council 2 4 6 pursuant to s. 311.07. r 247 ~;~ ~~.,,, .,~;-R.°_rrc~v~_t~R=r-~6~eY-~~~rgi-.uci-n„ ,..1•..,,, „4;~~ „~ 248 24 9 ~ ° ° ^~ •, o., .a,V, ..fc. hr. tl,o ^rnpnhr°.nsrvv piui% 2 5 0 (h~) Any comprehensive plan amendment to establish public school concurrency pursuant to s. 2 51 163.3180(13), including, but not limited to, adoption of a public school facilities element pursuant to 252 s. 163.3177(12) and adoption of amendments to the capital improvements element and 253 intergovernmental coordination element. In order to ensure the consistency of local government 2 54 public school facilities elements within a county, such elements shall be prepared and adopted on a 2 5 5 similar time schedule. 256 257 *..,ii~,~ n,. ~ rn., n.-.o „t u:nt,.. ;~0„~;4~o~;.tr 258 , ~ , Page 9 of 11 CODING: Words str+ske~ are deletions; words underlined are additions. V Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3-4-08 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 (i) Any local government comprehensive plan amendment adopted pursuant to a Final Order 277 issued by the Administration Commission or Florida Land and Water Adjudicators Commission. 278 ~) A future land use map amendment including not more than 20 acres within an area 2 7 9 designated by the Governor as a niral area of critical economic concern under s. 288.0656(7) for the 2 8 0 duration of such designation. Prior to the adoption of such an amendment, the local government shall 2 81 obtain from the Office of Tourism, Trade, and Economic Development written certification that the 282 plan amendment furthers the economic objectives set forth in the executive order issued under s. 2 8 3 288.0656(7). The property subject to the plan amendment is subject to all concurrenc~quirements 284 and federal state, and local environmental permit requirements. Page 10 of 11 CODING: Words strieke~ are deletions; words underlined are additions. Department of Community Affairs Legislative Proposal CITIZEN'S PLANNING BILL OF RIGHTS 3.4-08 285 ~) Future land use map amendments and any associated special area policies that are for 286 affordable housing and qualify for expedited review under s. 163.32461. 2 8 7 (3)(c) Small scale development amendments shall not become effective until 31 days after 2 8 8 adoption. If challenged within 30 days after adoption, small scale development amendments 2 8 9 shall not become effective until the state land planning agency or the Administration 2 9 0 Commission, respectively, issues a final order determining the adopted small scale development 2 91 amendment is in compliance. However, such an amendment shall not become effective until the 2 92 state land planning a~enc~has certified to the local government that the amendment qualifies as 2 93 a small scale development amendment under this subsection. The state land planning~a~ency 2 94 must provide this certification or the reasons) why the amendment does not qualify under this 2 9 5 subsection to the local government in writing not later than 30 days followin receipt of the 2 9 6 amendment from the local government pursuant to s. 163.3187(1)(d)2.b. 297 298 299 Page 11 of 11 CODING: Words s#~+slEeq are deletions; words underlined are additions. V •~ Voting On Everything Dispirits Tourist Business In Tourist Town Page 1 of 2 « ,~ ~-r ~{ra mo~nrrrnE PRINTTHIS Voting On Everything Dispirits Tourist Business In Tourist Town The Tampa Tribune Published: May 28, 2008 St. Pete Beach has become a living laboratory to study the statewide consequences of a proposed constitutional amendment called Hometown Democracy. Voters in the little Pinellas County town decided two years ago not to change their local growth plan without majority approval at the polls. Ever since not much has gotten done, which seems to be what the anti-growth faction pushing the change had in mind. A new plan to enliven the business center and allow reasonable growth within the hotel district is scheduled to go to voters June 3. But a lawsuit has been filed to stop the election because some residents say four of the six ballot questions are misleading. That's a main problem with Hometown Democracy, the proposed state amendment that would require local voters to approve all changes in community growth plans. It's hard, if not impossible, to condense a complex plan into meaningful ballot language. Amendment 3, for example, says it would set "height standards that encourage commercial and temporary lodging uses." A voter who doesn't do extensive homework won't know what that means. How high, and what happens to hotels and motels if voters say no? The stakes are high for hotel owners. If the contested amendments can't be voted on or if they're rejected by voters, many beachfront hotels will remain stuck in legal limbo, out of compliance with existing rules. The investment environment is chaotic, to say the least. Major repairs or renovations trigger a requirement for lower density, which would force the hotels to get rid of rooms, which would drive them out of business. The prohibition on rebuilding complicates the tasks of buying insurance and attracting customers. Instead of adding conference rooms, parking underneath, and energy-saving renovations, the http ://www.printthis. clickability.com/pt/cpt?action=cpt&title=Voting+On+Everything+Dis... 5/30/2008 s Voting On Everything Dispirits Tourist Business In Tourist Town Page 2 of 2 hotels can only make minor changes, such as painting. From the regional perspective, voting "yes" seems an easy choice for St. Pete Beach. Residential sections of the beach town would be preserved, the hotel district would be allowed to rebuild up to a maximum of 12 stories, utility wires would be buried, and sidewalks improved. Supporters of the plan note that no new resort hotel has been built in 33 years, and that 14 hotels closed in the last six years. Unless hotels are allowed to improve and compete for business, they will follow the trend toward conversion to condominiums. New hotels need to be a certain height, at least 12 stories, to make a return on investment, say proponents of the amendments. The loss of more hotel rooms would be bad news for the many restaurants, shops and bars that depend on a steady stream of visitors. But regardless of how the town decides it wants to grow, the issues are bewildering. In an earlier vote on a plan, voters saw signs saying vote yes to save the hotels along with signs saying vote no to save the hotels. Issues have been oversimplified in the campaigns as homeowners vs. developers, preservation vs. growth, low-rise vs. high-rise, tourist trap or serene residential retreat, decay vs. progress. Voters could easily end up unknowingly voting against their own best interests. That's no way to run a little city, and it's certainly no way to run a state. 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