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HomeMy WebLinkAbout2004 12 07 Informational Item A LOCAL PLANNING AGENCY AGENDA December 7. 2004 Meeting Consent Information X Public HearinJ?; ReJ?;ular ITEM A REQUEST: The Community Development Department - Planning Division transmits the attached EAR data to the Planning and Zoning Board I Local Planning Agency for review. PURPOSE: To begin discussing the revisions to the EAR process and how the LP A wishes to proceed. CONSIDERATIONS: Staff attended an EAR Workshop at the Eazt Central Florida Regional Planning Agency with representatives from DCA on November 10, 2004 and gleaned the following handouts. The EAR process has changed significantly. Staffwill review these materials with the Board and highlight the amended requirements. . STAFF RECOMMENDATION: After reviewing the revised process, the LP A should give input as to how they wish to proceed. ATTACHMENTS: A. Nine (9) page double-sided handout from Workshop ~ I HANDOUT # 1 I EVALUATION AND APPRAISAL REPORT COMPARISON OF OLD AND NEW REQUIREMENTS OLD 1. CONDITIONS OF EACH ELEMENT AT THE TIME OF PLAN ADOPTION, INCLUDING A SUMMARY OF THE ORIGINAL DATA AND ANALYSIS. Now, no such requirement: The EAR should not include an element-by-element summary of the original comprehensive plan or the plan as updated as a result of the prior EAR-based amendments. OLD 2. CONDITION OF EACH ELEMENT AT THE DATE OF REPORT. Now, no need to summarize current conditions within the community on an element-by-element basis. Of course, the EAR should include information regarding trends and current conditions for the major issues on which the EAR is focused. The EAR should also address population growth, changes in land area, vacant land and the location of existing development as compared to the location anticipated in the plan [see 163.3191(2)(a, b, c and d)). Data and analysis needed to address the other minimum EAR requirements should also be included in the EAR, including a brief assessment of the successes and shortcomings of each element. [163.3191(2)(h)J OLD 3. COMPARISON OF THE PLAN'S ADOPTED OBJECTIVES WITH ACTUAL RESULTS TO DETERMINE WHETHER THE OBJECTIVES HAVE BEEN ACHIEVED. Now, the evaluation of objectives should focus on those objectives that are related to the major issues and minimum EAR content requirements. For example, when assessing coordinated school planning, evaluate the achievement of objectives related to school siting and coordination. The community should decide the extent to which its success in achieving other planning objectives (that is, those not related to major issues) should be evaluated. [163.3191(2)(g)J OLD 4. MAJOR PROBLEMS OF DEVELOPMENT, PHYSICAL DETERIORATION, LOCATION OF LAND USES AND THE SOCIAL AND ECONOMIC EFFECTS OF THE MAJOR PROBLEMS IDENTIFIED. For each major issue, the EAR should include a description of the social, economic and environmental impacts of the issue. [163.3191(2)(e)J OLD 5. UNANTICIPATED AND UNFORESEEN PROBLEMS AND OPPORTUNITIES THAT OCCURRED SINCE ADOPTION, INCLUDING A DESCRIPTION OF UNFORESEEN PROBLEMSIOPPORTUNITIES AND THEIR IMPACT ON THE PLAN. The evaluation of plan objectives should include a discussion of whether unforeseen changes in circum- stances have created problems or opportunities related to each major issue. [163.3191 (2)(g)J OLD 6. EFFECT ON THE LOCAL COMPREHENSIVE PLAN; CONSISTENCY OF THE PLAN WITH THE SCP, SRPP, 9J-5 AND 163. Yes. The EAR should evaluate changes in state Jaw and the SRPP and identify changes needed in the comprehensive plan. [163.3191 (2)(f)J 1 OLD 7. IDENTIFICATION OF ANY NEEDED ACTIONS TO ADDRESS THE PLANNING ISSUES RAISED IN THE REPORT. Yes, focusing on the major issues. [163. 3191(2)(OJ OLD 8. IDENTIFICATION OF PROPOSED OR ANTICIPATED PLAN AMENDMENTS TO ADDRESS OR IMPLEMENT THE IDENTIFIED CHANGES. Yes, the EAR should still identify any actions or corrective measure, including needed plan amendments, to address the major issues identified and analyzed in the report. However, the new EARs should not include an exhaustive list of every minor update or change that may be desirable throughout the entire plan. Rather, the EAR should focus on changes that are recommended to respond to the conclusion reached during the evaluation of the major issues that were the focus of the EAR. [163.3191(2)(i)J OLD 9. DESCRIBE THE PUBLIC PARTICIPATION PROCESS USED IN THE PREPARATION OF THE REPORT. Yes, EAR should include a summary of the public participation activities undertaken during the EAR process. [163.3191(2)o)J In addition, the Legislature has added five new requirements: 1. An evaluation of the financial feasibility of providing needed infrastructure to maintain adopted level of service standards. [163.3191(2)(c)] 2. An assessment of the success or failure of coordinating residential development with existing school capacity and coordinating the planning programs of the local government and school board. [163.3191 (2)(k)] 3. An evaluation of the water management district's regional water supply plan and whether the compre- hensive plan should be revised to include a water supply facilities work plan. [163.3191 (2)(1)] 4. An evaluation of non-conforming densities in the coastal high-hazard area. [163.3191(2)(m)] 5. An assessment of whether the criteria adopted pursuant to s.163.3177(6)(a) was successful in achiev- ing compatibility with military installations. [163.3191 (2)(n)] 2 I HANDOUT#2 EVALUATION AND APPRAISAL REPORTS Summary of 163.3191(2), Florida Statutes The evaluation and appraisal report is a summary audit of the progress that has been made and the successes and failures that have been encountered in implementing a local government's comprehensiye plan. The report identifies changes that should be made in the plan in response the results of the audit, to changing trends and conditions that affect the local community, and to changing state and regional. growth management policies. With assistance from state and regional agencies, adjacent local governments and the public, the evaluation begins with the identification of the major issues that will be the focus of the evaluation. The following topics should be addressed in the evaluation and appraisal report: [see] 63.3191 (2)]: Community-wide Assessment: I) Population growth and changes in land area [163.3191 (2)(a)] 2) The location of existing development in relation to the location of development as anticipated in the plan [163.3191 (2)(d)] 3) The extent of vacant and developable land [163.3191 (2)(b)] 4) The finam;ial feasibility of providing needed infTastructure to achieve and maintain adopted level of service standards and sustain concurrency through capital improvements, as well as the ability to address infrastructure backlogs and meet the demands of growth on public services and facilities [163.3191 (2)(c)] 5) A brief assessment of successes and shortcomings related to each element [163.3191 (2)(h)] 6) Relevant changes in growth management laws (the state comprehensive plan, the appropriate strategic regional policy plan, Chapter 163, Part II, F.S., and Rule 9J-5, F.A.c.) [163.3191 (2)(f)] 7) A summary of public participation activities in preparing the report [163.3191 (2)0)] Evaluation of Maior Issues: 8) The identification of major issues and, where pertinent, the potential social, economic, and environmental impacts of these issues [163.3191(2)(e)] 9) An assessment of whether plan objectives within each element, as they relate to major issues, have been achieved, and whether unforeseen and unanticipated changes in circumstances have resulted in problems and opportunities with respect to major issues in each element [163.3191(2)(g)] ] 0) Any actions or corrective measures, including whether plan amendments are anticipated to address the major issues identified and analyzed in the report. Such identification shall include, as appropriate, new population projections, new revised planning time- frames, a revised future conditions map or map series, an updated Capital Improvements Element, and any new and revised goals, objectives and policies for major issues identified within each element [163.3191 (2)(i)] Special Topics: II) An assessment of the success or failurc of coordinating future land uses and residential development with the capacity of existing and planned schools; establishing with the school board appropriate population projections; and coordinating the planning and siting of new schools [163.3191(2)(k)] 12) An assessment of the comprehensive plan with respect to the water management district's regional water supply plan, including whether the Potable Water Element should be revised to include a work plan, covering at least a I O-year period, for building water supply facilities for which the local government is responsible that are needed to serve existing and projected development [163.3191(2)(1)] 13) An evaluation of whether any past reduction in land use density within 'the coastal high-hazard area impairs the property rights of current residents when redevelopment occurs. The local government must identify strategies to address redevelopment and the rights of affected residents balanced against public safety considerations [163.3191 (2)(m)] 14) An assessment of whether the criteria adopted pursuant to s.163.3177(6)(a) was successful in achieving compatibility with military installations [163.3191(2)(n)] /' I HANDOUT # 3 STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS , '~ "163.3191: ,Evaluation and ,AppraisaJ:(ifComritehensivePlan " Notes . . .. (I) The planning program shall be a continuous and ongoing EARs due every seven years process. Each local government shall adopt an evaluation and appraisal report once every 7 years assessing the progress in implementing the local government's comprehensive plan. Furthermore, it is the intent of this section that: (a) Adopted comprehensive plans be reviewed through such Intent of EAR evaluation process to respond to changes in state, regional, and local policies on planning and growth management and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues regarding the community's achievement of its goals. (b) After completion of the initial evaluation and appraisal Tinle period evaluated by EAR report and any supporting plan amendments, each subsequent evaluation and appraisal report must evaluate the comprehensive plan in effect at the time of the initiation of the evaluation and appraisal report process. (c) Local governments identify the major issues, if applicable, Identification of major issues with input from state agencies, regional agencies, adjacent local governments, and the public in the evaluation and appraisal report process. It is also the intent of this section to establish minimum requirements for information to ensure predictability, certainty, and integrity in the growth management process. The report is intended to serve as a summary audit of the actions that EAR is summary audit a local government has undertaken and identify changes that it may need to make. The report should be based on the local government's analysis of major issues to further the community's goals consistent with statewide minimum standards. The report is not intended to require a comprehensive rewrite of the elements within the local plan, unless a local government chooses to do so. (2) The report shall present an evaluation and assessment of the Establishes 14 required components of the EAR comprehensive plan and shall contain appropriate statements to update the comprehensive plan, including, but not limited.to, words, maps, illustrations, or other media, related to: (a) Population growth and changes in land area, including 1. Change in population and land area annexation, since the adoption of the original plan?r the mosf' recent update amendments. (b) The extent of vacant and developable.1and. 2. Location of vacant, buildable land (c) The financial feasibility of implementing the comprehensive 3. Success of providing needed infrastructure plan and of providing needed infrastructure to achieve and maintain adopted level-of-service standards and sustain concurrency management systems through the capital improvements element, as well as the ability to address " infrastructure backlogs and meet the demands of growth on public services and facilities. , " STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS (d) The location of existing development in relation to the I 4. Compare where development occurred vs. when I location of development as anticipated in the original plan, or in the plan predicted it would occur the plan as amended by the most recent evaluation and appraisal report update amendments, such as within areas designated for urban growth. , (e) An identification of the major issues for the jurisdiction and, 5. Major issues where pertinent, the potential social, economic, and environmental impacts. (f) Relevant changes to the state comprehensive plan, the 6. Changes in state and regional planning policy requirements of this part, the minimum criteria contained in chapter 9J-5, Florida Administrative Code, and the appropriate strategic regional policy plan since the adoption of the original plan or the most recent evaluation and appraisal report update amendments. (g) An assessment of whether the plan objectives within each 7. Attainment of planning objectives element, as they relate to major issues, have been achieved. The report shall include, as appropriate, an identification as to / whether unforeseen or unanticipated changes in circumstances have resulted in problems or opportunities with respect to major issues identified in each element and the social, economic, and environmental impacts of the issue. (h) A brief assessment of successes and shortcomings related to 8. Brief review of each element each element of the plan. (i) The identification of any actions or corrective measures, 9. Recommendations for revising the plan including whether plan amendments are anticipated to address the major issues identified and analyzed in the report. Such identification shall include, as appropriate, new population projections, new revised planning timeframes, a revised future conditions map or map series, an updated capital improvements element, and any new and revised goals, objectives, and policies for major issues identified within each element. This paragraph shall not require the submittal of the plan amendments with the evaluation and appraisal report. (j) A summary of the public participation program and activities 10. Public participation activities undertaken by the local government in preparing the report. (k) The coordination of the comprehensive plan with existing 11. Coordinating school planning with land use public schools and those identified in the applicable educational planning facilities plan adopted pursuant to s. 1013.35. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decisionmaking processes engaged in by the local government and the school board in regard to establishing appropriate population projections and the planning and siting of public school facilities. If the issues are not relevant, the local government shall demonstrate that they are not relevant. 2 r STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS '(1) The evaluation must consider the appropriate water' management district's regional water supply plan approved .pursuant to s. 373.0361. The potable water element must be revised to include a work plan, covering at least a 10-year planning period, for building any water supply facilities that are identified in the element as necessary to serve existing and new development and for which the local government is responsible. (m) If any of the jurisdiction of the local government is located within the coastal high-hazard area, an evaluation of whether any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The property rights of current residents shall be balanced with public safety considerations. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelopment. " (n) An assessment of whether the criteria adopted pursuant to s.163.3177(6)(a) was successful in achieving compatibility with military installations. (3) Voluntary scoping meetings may be conducted by each local government or several local governments within the same county that agree to meet together. Joint meetings among all local governments in a county are encouraged. All scoping meetings shall be completed at least'! year prior to the established adoption date of the report. The purpose of the meetings shall be to distribute data and resources available to assist in the preparation of the report, to provide input on major issues in each community that should be addressed in the report, and to advise on the extent of the effort for the components of subsection (2). If scoping meetings are held, the local government shall invite each state and regional reviewing agency, as well as adjacent and other affected local governments. A preliminary list of new data and major issues. that have emerged since the adoption of the original plan, or the most recent evaluation and appraisal report-based update amendments, should be developed by state and regional entities and involved local governments for distribution at the scoping meeting. For purposes of this subsection, a "scoping meetingUis a meeting conducted to determine the scope of review of ~he evaluation and appraisal report by parties to which the report relates. 3 12. Coordinating water supply planning with land use planning 13. Strategies for addressing residential non- conforming land uses in the coastal high-hazard area 14. Applies only to local governments adjacent to or in close proximity to a military installation. Criteria to be adopted by June 30, 2006 Scoping meeting ~ STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS (4) The local planning agency shall prepare the evaluation and Local planning agency appraisal report and shall make recommendations to the governing body regarding adoption of the proposed report. The local planning agency shall prepare the report in conformity with its public participation procedures adopted as required by s. 163.3181. During the preparation of the proposed report and prior to making any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed report. At a minimum, the format and content of the proposed report shall include a table of contents; numbered pages; element headings; section headings within elements; a list of included tables, maps, and figures; a title and sources for all included tables; a preparation date; and the name of the preparer. Where applicable, maps shall include major natural and artificial geographic features; city, county, and state lines; and a legend indicating a north arrow, map scale, and the date. (5) Ninety days prior to the scheduled adoption date, the local Optional proposed EAR government may provide a proposed evaluation and appraisal report to the state land planning agency and distribute copies to state and regional commenting agencies as prescribed by rule, adjacent jurisdictions, and interested citizens for review. All revie\v comments, including comments by the state land planning agency, shall be transmitted to the local government and state land planning agency within 30 days after receipt of the proposed report. (6) The governing body, after considering the review comments Adoption by local government and recommended changes, if any, shall adopt the evaluation and appraisal report by resolution or ordinance at a public hearing with public notice. The governing body shall adopt the report in conformity with its public participation procedures adopted as required by s. 163.3181. The local government shall submit to the state land planning agency three copies of the Submit three copies to DCA report, a transmittal letter indicating the dates of public hearings, and a copy of the adoption resolution or ordinance. The local government shall provide a copy of the report to the reviewing Submit copies to reviewing agencies and adjacent agencies which provided comments for the proposed report, or local government to all the reviewing agencies if a proposed report was not provided pursuant to subsection (5), including the adjacent local governments. Within 60 days after receipt, the state land Preliminary sufficiency review: 60 days planning agency shall review the adopted report and make a preliminary sufficiency determination that shall be forwarded by the agency to the local government for its consideration. The state land planning agency shall issue a final sufficiency Final sufficiency review: 90 days determination within 90 days after receipt of the adopted evaluation and appraisal report. 4 ,. STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS (7) The intent of the evaluation and appraisal process is the Definition of sufficiency review preparation of a plan update that clearly and concisely achieves the purpose of this section. Toward this end, the sufficiency review of the state land planning agency shall concentrate on whether the evaluation and appraisal report sufficiently fulfills the components of subsection (2). If the state land planning agency determines that the report is insufficient, the governing body shall adopt a revision of the report and submit the revised report for review pursuant to subsection (6). (8) The state land planning agency may delegate the review of Optional delegation of sufficiency review evaluation and appraisal reports, including all state land planning agency duties under subsections (4)-(7), to the appropriate regional planning council. When the review has been delegated to a regional planning council, any local government in the region may elect to have its report reviewed by the regional planning council rather than the state land planning agency. The state land planning agency shall by agreement provide for uniform and adequate review of reports and shall retain oversight for ariy delegation of review to a regional planning council. (9) The state land planning agency may establish a phased EAR due date schedule schedule for adoption of reports. The schedule shall provide each local government at least 7 years from plan adoption or last established adoption date for a report and shall allot approximately one-seventh ofthe reports to any 1 year. In order to allow the municipalities to use data and analyses gathered by the counties, the state land planning agency shall schedule municipal report adoption dates between I year and 18 months Municipal EARs due 12 to 18 after county EAR later than the report adoption date for the county in which those municipalities are located. A local government may adopt its report no earlier than 90 days prior to the established adoption date. Small municipalities which were scheduled by chapter 9J- 33, Florida Administrative Code, to adopt their evaluationartd appraisal report after February 2, 1999, shall be rescheduled to adopt their report together with the other municipalities in their county as provided in this subsection. 5 " STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS (10) The governing body shall amend its comprehensive plan EAR-based amendment based on the recommendations in the report and shall update the comprehensive plan based on the components of subsection (2), pursuant to the provisions ofss. 163.3184, 163.3187, and 163.3189. Amendments to update a comprehensive plan based on the evaluation and appraisal report shall be adopted within 18 Amendment due 18 months after sufficiency months after the report is determined to be sufficient by the state determination land planning agency, except the state land planning agency may grant an extension for adoption of a portion of such amendments. The state land planning agency may grant a 6- month extension for the adoption of such amendments if the Six month extension request is justified by good and sufficient cause as detennined by the agency. An additional extension may also be granted if An additional extension the request will result in greater coordination between transportation 'and land use, for the purposes of improving Florida's transportation system, as determined by the agency in coordination with the Metropolitan Planning Organization program. The comprehensive plan as amended shall be in compliance as defmed in s. 163.3184(1 )(b). (11) The Administration Commission may impose the sanctions provided by s. 163.3184(11) against any local government that fails to adopt and submit a report, or that fails to implement its report through timely and sufficient amendments to its local plan, except for reasons of excusable delay or valid planning reasons agreed to by the state land planning agency or found Sanctions present by the Administration Commission. Sanctions for untimely or insufficient plan amendments shall be prospective only and shall begin after a final order has been issued by the Administration Commission and a reasonable period of time has been allowed for the local government to comply with an adverse determination by the Administration Commission through adoption of plan amendments that are in compliance. The state land planning agency may initiate, and an affected person may intervene in, such a proceeding by filing a petition with the Division of Administrative Hearings, which shall appoint an administrative law judge and conduct a hearing pursuant to ss. 120.569 and 120.57(1) and shall submit a recommended order to the Administration Commission. The affected local government shall be a party to any such proceeding. The commission may implement this subsection by rule. (12) The state land planning agency shall not adopt rules to Prohibition on rule adoption implement this section, other than procedural rules. 6 ,. STATUTORY PROVISIONS RELATED TO EV ALUA TION AND APPRAISAL REPORTS (13) The state land planning agency shall regularly review the evaluation and appraisal report process and submit a report to the Governor, the Administration Commission, the Speaker of the House of Representatives, the President of the Senate, and the respective community affairs comniittees ofthe Senate and the House of Representatives. The first report shall be submitted by December 31, 2004, and subsequent reports shall be submitted every 5 years thereafter. At least 9 months before the due date of each report, the Secretary of ConUllunity Affairs shall appoint a technical committee of at least 15 members to assist in the preparation of the report. The membership of the technical committee shall consist of representatives of local governments, regional planning councils, the private sector, and environmental organizations. The report shall assess the effectiveness of the evaluation and appraisal report process. DCA's evaluation of the effectiveness of the EAR process Every five years Technical Advisory Committee 163.2517 Designation of urban infill and redevelopment "area; .-.. , ' (6)(a) In order to continue to be eligible for the economic and Urban Infill and Redevelopment Areas regulatory incentives granted with respect to an urban infill and redevelopment area, the local government must demonstrate during the evaluation, assessment, and review of its comprehensive plan required pursuant to s. 163.319 I, that within designated urban infill and redevelopment areas, the amount of combined annual residential, commercial, and institutional development has increased by at least 10 percent. (b) If the local government fails to implement the urban infill Failure to implement UIRA plan and redevelopment plan in accordance with the deadlines set forth in the plan, the Department of Community Affairs may seek to rescind the economic and regulatory incentives granted to the urban infill and redevelopment area, subject to the provisions of chapter 120. The action to rescind may be initiated 90 days after issuing a written letter of warning to the loca) government. ~ 163;317<a:Localplanning agency. ' '... (4) The local planning agency shall have the general General responsibilities responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall: (b) Monitor and oversee the effectiveness and status of the LP A responsible for EAR comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic reports required by s. 163.3191. 7 .. STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS 163.3177 Required and optional elements of comprehensive plan; studies and surveys. (6)(c) By December 1,2006 the element must consider the Coordination of water supply planning and land use appropriate water management district's regional water supply planning plan approved pursuant to s. 373.0361. The element must include a work plan, covering at least a lO-year planning period, for building water supply facilities that are identified in the element as necessary to serve existing and new development and for which the local government is responsible. 163.31777 Public schools interlocal ae;reement. (7) At the time of the evaluation and appraisal report, each Coordination of school facility planning and land exempt municipality shall assess the extent to which it continues use planning to meet the criteria for exemption under subsection (6). If the municipality continues to meet these criteria and the district school board verifies in writing that no new school facilities will be needed within the 5-year and 1 O-year timeframes, the municipality shall continue to be exempt from the interlocal- agreement requirement. Each municipality exempt under subsection (6) must comply with the provisions of this section within 1 year after the district school board proposes, in its 5- year district facilities work program, a new school within the municipality's jurisdiction. 163.3187 Amendment of adopted comprehensive plan. (6)(a) No local government may amend its comprehensive plan Prohibition on amendment if EAR not adopted after the date established by the state land planning agency for adoption of its evaluation and appraisal report unless it has submitted its report or addendum to the state land planning agency as prescribed by s. 163.3191, except for plan amendments described in paragraph (1 )(b) or paragraph (1 )(h). (b) A local government may amend its comprehensive plan after If EAR adopted may amend plan even if EAR is not it has submitted its adopted evaluation and appraisal report and sufficient for a period of 1 year after the initial detennination of sufficiency regardless of whether the report has been determined to be insufficient. (c) A local government may not amend its comprehensive plan, If EAR not sufficient after one year, only DR! except for plan amendments described in paragraph (l)(b), if the related amendments may be adopted I -year period after the initial sufficiency determination of the report has expired and the report has not been determined to be sufficient. (d) When the state land planning agency has determined that the When EAR sufficient, may resume adopting report has sufficiently addressed all pertinent provisions of s. amendments 163.3 I 91, the local government may amend its comprehensive plan without the limitations imposed by paragraph (a) or paragraph (c). (e) Any plan amendment which a local government attempts to Invalid amendment must be readopted adopt in violation of paragraph (a) or paragraph (c) is invalid, 8 STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS but such invalidity may be overcome if the local government readopts the amendment and transmits the amendment to the state land planning agency pursuant to s. 163.3184(7) after the report is detennined to be sufficient. 16:3;J746 Localgovernment comprehensive planning ce'rt:iftca1Ioilproe;ram. ' (10) A local government's certification shall be reviewed by the Certification reviewed as part of EAR local government and the department as part of the evaluation and appraisal process pursuant to s. 163.3191. Within I year after the deadline for the local government to update its comprehensive plan based on the evaluation and appraisal report, the department shall renew or revoke the certification. The local government's failure to adopt a tiinely evaluation and appraisalreport, failure to adopt an evaluation and appraisal report found to be sufficient, or failure to timely adopt amendments based on an evaluation and appraisal report found to be in compliance by the department shall be cause for revoking the certification agreement. The department's decision to renew or revoke shall be considered agency action subject to challenge under s. 120.569. 9 The EAR process MAJOR ISSUES: STATE, REGIONAL AND LOCAL Vision of the Community · Does comprehensive plan take the community where it wants to be? Major State Issues Water Supply Transportation Land Use Schools Facilities Natural Disaster Preparedness/Hazard Mitigation Natural Resource Protection Economic Development Affordable Housing Infrastructure Military Facilities Water Supply · Availability of water to provide services to existing and projected population. · CUP capacity - Coordinatiori with the Water Management District - · Water conservation and reuse · Alternative sources of water Transportation · Mobility issues in the community. e Traffic congestion, deficient roadway facilities · Alternatives means of transportation in the community. Land Use o Urban Infill and Redevelopment · Annexations, · Rural Development/ Protection of Agricultural Lands o Urban Sprawl Issues - USA Coordination of Land Use and School Planning Issues · School sitting policies, school location and growth trends and how do school location and capacity relate to the decision making process for proposed residential development. · Coordination mechanisms with the School Board. Natural Disaster Planning '. Maps of Coastal High Hazard Areas · Public investment in CHHA that subsidize growth · Adequacy of shelter spaces to accommodate population · Progress in the efforts to maintain or reduce clearance times · Local Mitigation Strategy - Does LMS support land use strategy/vision? . Post-Disaster Redevelopment Plan Natural Resource Protection · Springs, Aquifer recharge areas, wetlands, listed species and their habitat, historical/archaeological resources. Economic Development · Does the comprehensive plan foster the type of economic development activities the community is interested in? Affordable Housing Issues · Can people afford to live near the place of employment? · Availability of affordable housing issues to meet the needs of existing and future population · How well have GOP worked? Infrastructure Issues · Availability of public facilities to serve existing and projected population · Have LOS been maintained? · Effectiveness of USA in coordinating land use planning and provision of public facilities Military Facilities · EncroacJunent around the bases. · Coordination with military facilities plmmers. "