Growth Management Legislative Update Discussion Item June 21, 2011

1. Board of County Commissioners Growth Management Legislative Update Discussion Item June 21, 2011

2. Presentation Outline • Background • Themes • Local Responsibility • Reduce Obstacles to New Development • Reduce State Oversight • Legal and Administrative • Impact on County • Immediate Changes • Needed Direction

3. Presentation Outline • Background • Themes • Local Responsibility • Reduce Obstacles to New Development • Reduce State Oversight • Legal and Administrative • Impact on County • Immediate Changes • Needed Direction

4. Background • What drove this bill? • Economy • Conflict between Legislature and DCA

5. Background • Previous Legislation • HB 697 (2008) • SB 360 (2009) • 2011 Legislation • SB 2156 – DCA Reorganization • HB 7207 – Substantial revisions to 1985 GM Act

6. Presentation Outline • Background • Themes • Local Responsibility • Reduce Obstacles to New Development • Reduce State Oversight • Legal and Administrative • Impact on County • Immediate Changes • Future Direction

7. Theme: Local Responsibility • Concurrency Changes • Financial Feasibility • Plan Considerations • Evaluation and Appraisal Report (EAR)

8. Theme: Local Responsibility • Concurrency Changes • Optional processes • Parks • Schools • Transportation • More difficult to meet requirements

9. Theme: Local Responsibility • Financial Feasibility • Deleted requirement • Level of Service standards • Annual update to Capital Improvements Element

10. Theme: Local Responsibility • Plan Considerations • Sprawl indicators • Land use need • Flexibility for market / choice • Urban service area

11. Theme: Local Responsibility • Plan Considerations • Sector planning • Multiple planning horizons

12. Theme: Local Responsibility • EAR • Eliminated requirements • Narrowed required focus of EAR

13. Theme: Reduce Obstacles to New Development • Changes Transportation Mitigation Responsibilities • DRI Requirements • Concurrent Plan Amendment and Zoning • Frequency of Plan Amendments

14. Theme: Reduce Obstacles to New Development • Changes Transportation Mitigation Responsibilities • Proportionate share formula change • Dollar-for-dollar impact fee credit

15. Theme: Reduce Obstacles to New Development • DRI Requirements • Extensions • Exemptions • Thresholds

16. Theme: Reduce Obstacles to New Development • Concurrent Plan Amendment and Zoning

17. Theme: Reduce Obstacles to New Development • Frequency of Plan Amendments • Legislation removed of twice-per-year limitation • Comp plan still requires

18. Theme: Reduce State Oversight • Changes in Plan Review Process • Role and Authority of Agency Comments • Public Participation

19. Theme: Reduce State Oversight • Changes in Plan Review Process • Expedited • State Coordinated • Small Scale

20. Theme: Reduce State Oversight

21. Theme: Reduce State Oversight • Role and Authority of Agency Comments • State agency comments restricted to important state resources and facilities that will be adversely impacted • Limits on scope of comments by agency

22. Theme: Reduce State Oversight • Public Participation • Community meetings • Notification • Public hearings • Challenges

23. Theme: Legal and Administrative • Legal Challenges • Permit and Development Order Extensions • Conflicting Bills • Plan Consistency with New Legislation

24. Theme: Legal and Administrative • Legal Challenges • Review current judicial or administrative proceedings • State land planning agency to review • If issues raised are inconsistent with HB 7207, shall dismiss proceeding

25. Theme: Legal and Administrative • Legal Challenges • Burdens of proof for plan amendment challenges – local government’s determination of in compliance • Affected person – determination of in compliance is fairly debatable • State land planning agency – determination of in compliance presumed to be correct unless shown not in compliance by preponderance of evidence

26. Theme: Legal and Administrative • Legal Challenges • Burdens of proof for plan amendment challenges by state land planning agency – consistency of elements • Local government determination that elements are related to and consistent with each other is fairly debatable

27. Theme: Legal and Administrative • Legal Challenges • Burdens of proof for plan amendment challenges by state land planning agency – claiming adverse effect to important state resource or facility • Local government may contest determination • State must prove determination by clear and convincing evidence

28. Theme: Legal and Administrative • Permit and Development Order Extensions • DRI development orders – 4 years • Other permits affected by SB 1752 (2010)

29. Theme: Legal and Administrative • Conflicting Bills • HB 7001 – 2009’s SB 360 re-enactment • HB 7207 – Supersedes HB 7001

30. Theme: Legal and Administrative • Plan Consistency with New Legislation • County’s adopted plan not required to be in compliance with new legislation until next EAR (2013)

31. Presentation Outline • Background • Themes • Local Responsibility • Reduce Costs to New Development • Reduce State Oversight • Legal and Administrative • Impact on County • Immediate Changes • Future Direction

32. Impact on the County • Immediate Issues • Needed Direction

33. Impact on the County • Immediate Issues • Innovation Way MMTD • Concurrent plan amendment and zoning • Proportionate share changes

34. Impact on the County • Needed Direction • Concurrency policy • How growth pays for itself • Plan amendment process • Citizen engagement

35. Closing • The Bottom Line • Complex bill - varied opinions on interpretations • Need to be strategic and deliberate in plan changes • Increased local responsibility