GROWTH MANAGEMENT The New Growth Management Statute Transportation Proportionate Fair Share

GROWTH MANAGEMENT

What do all the numbers mean? Senate Bill 360 in 2005 (SB 360) Made changes to the way Growth Management is handled in Florida These turned into changes to Our Growth Management Laws –Chapter 163 Florida Statute

GROWTH MANAGEMENT Clarified the ties between concurrency and Capital Improvements What Has Changed In The Growth Management Laws? Concurrency Capital Improvement Programming Financial Feasibility

GROWTH MANAGEMENT Context Ramification: Meaningful Capital Improvement Program closely coordinated with local Concurrency Management System If you plan for it, you must demonstrate you can pay for it.

GROWTH MANAGEMENT The Strategic Intermodal System (SIS) Mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation.

GROWTH MANAGEMENT The Foundation of the New Growth Management Law (Chapter 163) The Comprehensive Plan’s Capital Improvement Elements (CIEs) must be financially feasible –It must achieve and maintain the adopted Level of Service –Either you have the capacity… or you can have it in 3 years Previously concurrency was managed at the Certificate of Occupancy (CO) Phase Now it is earlier, at the Development Order (DO) Phase DCA reviews for compliance

GROWTH MANAGEMENT What is Development Order (DO) and Certificate of Occupancy (CO) ? Development Order – Permission to begin development

GROWTH MANAGEMENT What is Development Order (DO) and Certificate of Occupancy (CO) ? Certificate of Occupancy –Permission to use the building, parking lot, start your business

GROWTH MANAGEMENT Why Doing This At Development Order Time Is More Effective? Development Order –Capacity available or planned Certificate of Occupancy –Building ready to open –Financial commitments made Proactive/Real Time Reactive

GROWTH MANAGEMENT What does it mean to you in local government? The New Growth Management Law (Chapter 163) changes and strengthens Growth Management Concurrency flexibility provided over time –De minimis –Exceptions (TCEAs, TCMAs & MMTDs) –“Backlogged” roads were part of the 1985 “legacy” We need to define all 3 terms (De minimis, TCEA, and backlogged

GROWTH MANAGEMENT Objectives of “New” Concurrency Create “hard” concurrency system to Manage but Not Stop growth Provides options for developments to move forward Create public/private partnerships to produce infrastructure Mechanism: Provide proportionate fair share mitigation option

GROWTH MANAGEMENT Objectives of “New” Concurrency Required local governments to adopt mechanism for Proportionate Fair Share by December 1, Proportionate Fair Share Website

GROWTH MANAGEMENT Best Practices

GROWTH MANAGEMENT Model Ordinance

GROWTH MANAGEMENT When Do You Use Proportionate Share? Developer has applied for Development Order (DO) and failed concurrency Does not apply to DRIs

GROWTH MANAGEMENT Options For Developer (From The Model Ordinance) Chapter 163 provides options for developer to proceed (Sec. E, General Requirements) –Developer has the Right to use Prop Fair Share on any project in 5-year CIE and long term Concurrency Management System (CMS) –Developer MAY negotiate project with local government Project financially feasible Project placed in next CIE update Local Governments can say “not at this time”

GROWTH MANAGEMENT Options For Developer How does the Proportionate Fair-Share payment interact with existing impact fees? –No double dipping –Credit should be given to impact fees used for the same project

GROWTH MANAGEMENT Options for Proportionate Fair-Share (From the Model Ordinance) Section E (1) (b) The 5-year schedule of capital improvement in the local government CIE or long term schedule of capital improvements for a Long Term Concurrency Management System (LTCMS), includes a transportation improvement that, upon completion, will satisfy the requirements of the local government’s transportation CMS.

GROWTH MANAGEMENT Options for Proportionate Fair-Share (From the Model Ordinance) Options to satisfy the requirements of the transportation CMS (Section E. (1) (b)) Language provides for viable options by local government – New reliever corridors –Transit –Comprehensive capital operational improvements

GROWTH MANAGEMENT Options for transportation CMS Reliever Corridors Blairstone Rd. Extension - Tallahassee

GROWTH MANAGEMENT Options to meet concurrency Reliever Corridors How can local governments use these reliever projects in their system? –It should be in Comprehensive Plan as a reliever –Should be agreed to by FDOT –Should be documented on how it will relieve traffic on other overloaded facilities

GROWTH MANAGEMENT Options for transportation CMS Comprehensive Capital Operational Improvements Hidden Slide Transit Management Systems Information Management Systems Arterial Management Systems