Post on 16-Jan-2016
GR
OW
TH
MANAG
EMENT
The New Growth Management Statute
TransportationProportionate Fair Share
GR
OW
TH
MANAG
EMENT
• Clarified the ties between concurrency and Capital Improvements
What Has Changed In The Growth Management Laws?
Concurrency
Capital Improvement ProgrammingFinancial Feasibility
GR
OW
TH
MANAG
EMENT
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.
GR
OW
TH
MANAG
EMENT
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.
GR
OW
TH
MANAG
EMENT
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
GR
OW
TH
MANAG
EMENT
What is Development Order (DO) and Certificate of Occupancy (CO) ?
Development Order – Permission to begin development
GR
OW
TH
MANAG
EMENT
What is Development Order (DO) and Certificate of Occupancy (CO) ?• Certificate of
Occupancy– Permission to use the
building, parking lot, start your business
GR
OW
TH
MANAG
EMENT
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
GR
OW
TH
MANAG
EMENT
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”
GR
OW
TH
MANAG
EMENT
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
GR
OW
TH
MANAG
EMENT
Objectives of “New” Concurrency• Required local
governments to adopt mechanism for Proportionate Fair Share by December 1, 2006
http://www.dot.state.fl.us/planning/gm/pfso/default.htm
Proportionate Fair Share
Website
GR
OW
TH
MANAG
EMENT
Best Practices
http://www.dot.state.fl.us/planning/gm/pfso/default.htm
GR
OW
TH
MANAG
EMENT
Model Ordinance
http://www.dot.state.fl.us/planning/gm/pfso/default.htm
GR
OW
TH
MANAG
EMENT
When Do You Use Proportionate Share?
• Developer has applied for Development Order (DO) and failed concurrency
• Does not apply to DRIs
GR
OW
TH
MANAG
EMENT
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”
GR
OW
TH
MANAG
EMENT
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
GR
OW
TH
MANAG
EMENT
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.
GR
OW
TH
MANAG
EMENT
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
GR
OW
TH
MANAG
EMENT
Options for transportation CMSReliever Corridors• Blairstone Rd. Extension - Tallahassee
GR
OW
TH
MANAG
EMENT
Options to meet concurrencyReliever 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