Ear Walker Banning

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Evaluation And Appraisal

Reports

Broward, Miami-Dade and Monroecounties

July 15, 2009


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OVERVIEW OF

PRESENTATION

Whats an EAR? What are the steps in the EAR

process?

What should be in the EAR?


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FIRST ROUND STATUS

Between 1995 and 1999

Only communities >2,500 population 291 local governments total

All EARs have been adopted

All EARs are sufficient


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FIRST ROUND STATUS, continued

12 (4%) local governments have not adoptedtheir EAR-base amendment

BAY HARBOR ISLANDS (some adopted)

BISCAYNE PARK due 04/1997 KEY WEST due 11/2006 MIAMI BEACH due 11/2001 OPA LOCKA due 09/1997 SWEETWATER ORC issued 3/2009

They are prohibited from amending theircomprehensive plan


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SECOND ROUND STATUS

Between 2003 and 2011 All local governments: 478

186 (39%) of which did not do a 1st Round EAR

EAR due date missed by 43 (9%) local governments(prohibition in effect) Bal Harbour Village EAR due 01/2006 Bay Harbor Islands EAR due 02/2006 Lazy Lake EAR due 09/2005 Pembroke Park EAR due 01/2006

Sea Ranch Lakes EAR due 04/2006

EAR adopted but not sufficient: 6


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SECOND ROUND STATUS, continued

EAR-based amendment not adopted by 50 localgovernments (prohibition in effect)

Coral Gables MargateDavie (ORC issued) Miami BeachEl Portal Miami Springs (ORC issued)Golden Beach (ORC issued) North Miami BeachHallandale Beach (ORC issued) Pinecrest

Hillsboro Beach (ORC issued) Pinellas Park (ORC issued)Homestead (ORC issued) South Miami (ORC issued)

Key Biscayne Sunrise (ORC issued)Key West Sweetwater (ORC issued)Lauderdale Lakes Virginia Gardens (ORC issued)

Lauderhill


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ROUND 3 DUE DATES(2010 through 2018)

EARs are prepared every 7years

Schedule on DCA website

New Rule 9J-42 to be published


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COUNTY DUE DATES

Miami-Dade November 1, 2010

Broward March 1, 20011

Monroe August 1, 2011


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DUE DATES FORMUNICIPALITIES

Municipalities are scheduled 12-18months after the county in which

they are located

Doral due date will be determinedafter their adopted plan is in effect


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Comprehensive Planning Process

Identify Problems/ Opportunities

Compare Alternatives

Adopt Plan

Collect InformationImplement Plan

Monitor andEvaluate Progress

PublicParticipation


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What is Evaluation?

Systematic assessment of theoutcomes of a program or

policy compared to a set ofexplicit or implicit standards, as

a means of contributing to theimprovement of the program or

policy.


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WHAT IS AN EVALUATION ANDAPPRAISAL REPORT?

A review of the progress that hasbeen made in achieving your

community goals throughimplementation of yourcomprehensive plan

EAR is 1st Step in revising the comp plan The EAR results inform the plan revision process


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WHY REVISE A COMPPLAN?

React to changing

conditions

Incorporate changes

in local vision

React to new data

React to changes in

state growth management policy

Change what is not working (EAR lessons)


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1ST JOB OF THE EAR

Look inside the plan to understand the plan What is the plan trying to achieve?

Objectives/policies contain measurable targets

What implementation actionswere taken?

Did the actions taken achievethe planningobjectives? What worked/did not worked? Why/why not?

MOST IMPORTANT EAR QUESTION

Based on this assessment, what changes in theplanare needed?


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2nd JOB OF THE EAR

Look outside the plan into the community Does the plan

Reflect current vision?

Address current community planning issues?

Utilize the most current dataavailable?

Reflect current trends, conditions & circumstances? Based on the answers to these question, the

EAR should suggest changes neededin theplan


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EAR SUMMARY

1. Community Vision

2. Identify Major Issues

3. Determine how plan addresses each issue What is the plan trying to achieve? (objectives)

Use of indicators to measure change

4. Identify actions undertaken to address eachissue and achieve the objectives


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5. Determine the success or failure of the

actions in achieving the objectives What indicators are useful in measuring

attainment of the objectives?

What data can you use for eachindicator? Where is the data?

6. Identify causes of successes andfailures (the why question)


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7. Suggest changes to the planning

strategies in the comp plan to betteraddress each issue.

8. Address EARcontent

requirements


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TIME PERIOD FOR EAR

Begin with the plan in effect at the timeyou begin your EAR

Original plan

Plan as updated by the most recent EAR-based amendments

Complete 1st

draft of EAR about 6months before EAR due date


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STATUTORY REQUIREMENTS

163.3191(2)(a through p)

Complete list on DCA web site


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STATUTORY CHANGES SINCE2003

163.3191(2)(k):

Evaluate coordination with school

board regarding residentialdevelopment, population

projections and siting public school

facilities.[2005]


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163.3191(2)(k) & 163.31777(7):

Local governments without a publicschools interlocal agreement orpublic school facilities element

must assess whether they continueto meet to the waiver or exemption

criteria in s.163.3177(12), F.S.

(Monroe County)

[2005]


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163.3191(2)(l):

(a) Evaluate success in identifyingwater supply projects, includingconservation and reuse, identified

is the regional water supply plan.[2005]

(b) Evaluate degree to which the 10-

year water supply facilitiesworkplan has been implemented.[2005]


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163.3191(2)(n):Evaluate whether criteria in the land

use element were successful in

achieving land use compatibilitywith military installations. (Miami-Dade, Homestead, Monroe)

[2004]


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163.3191(2)(o):Evaluate whether concurrency

exception areas are meeting the

purpose for which they wereestablished

TCEAs, TCMAs, MMTDs

[2005]


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163.3180(9)(d):Evaluate progress in improving levels

of service within long-term

concurrency management areas[2005]


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163.3191(2)(p):Assess when changes are needed to

develop a common methodology

for measuring impacts ontransportation facilities.

[2005]


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SPECIAL REQUIREMENT FOR

Homestead, North Miami Beach,and South Miami

Urban Infill and Redevelopment AreaSee s.163.2517(6)(a), F.S.


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KEY CONCEPTS

Summary Audit of the actions alocal government has undertaken to achieve

its planning objectives

Short, focused, user-friendly


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Summary of Public Participationactivities

Briefassessment of successes andshortcomings related to each element


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Focus onthe EAR on

Major Issues


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One intent of the EAR process is

...to identifymajor issues regarding the

communitys achievement of its goals.

s.163.3191(1)(a), F.S.


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An issue is an impedimentthat

prevents a community from gettingto where it wants to be in the future

An issue is a problemthat need to beresolved before a communitys

vision can be achieved


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Defining an issue too broadly or toogenerally will make the EAR evaluationdifficult

Defining an issue too narrowly will resultin very specific conclusions that do nothave board applicability (in other words,

it is not a major issue)


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An assessment of whether planobjectiveswithin each element, asthey relate to major issues, have

been achieved

s.163.3191(2)(g), F.S.


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an assessment of whetherunforeseen andunanticipated changesin circumstanceshave resulted in

problems and opportunities with respect

to major issuesin each elements. 163.3191(2)(g), F.S.


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whetherplan amendmentsare

anticipated to address the majorissues identified and analyzed in thereport.


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Approach for Identifying MajorIssues

Internal staff meetings, including other localgovernment agencies 1st draft of list

Workshops with LPA, elected officials, thepublic 2nd draft of list

Scoping Meeting for Review Agencies 3rddraft of list

Letter of Understanding between localgovernment and DCA Final list


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The Scoping Meeting

Forum for local staff to meet with state andregional review agency staffs to discussand reach agreement on:

1. the key planning issues that will be addressedin the EAR and

2. the degree of effort that should be devotedto the components of the EAR

3. Data/sources/contacts


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The Proposed EAR

LPA Prepares proposed EAR After public hearing sends to local governing body

Local Government Action Submit proposed EAR for review (optional)

Cannot submit earlier than 90 days before due date

Send one copy of proposed EAR to

DCA

Review agencies listed in Rule 9J-11.009(6), F.A.C.

Review comments sent to local governmentwithin 30 days of receipt of the proposed EAR

pdf on CD-ROM or paper copy


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The Adopted EAR

After public hearing Local government adopts EAR

Cannot adopt earlier than 90 days before due date

Send 3 copies to DCA Option: 1 paper and 2 pdf copies

pdf must include all the documentation that the papercopy includes

Cannot submit portion as paper and a portion as pdf


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Send 1 copy to each agency that commented

on the proposed EAR If proposed EAR was not distributed for review,

then all agencies must be sent a copy of theadopted EAR

The transmittal cover letter must State the date the public hearings were held

Include a copy of the adoption ordinance orresolution


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The EAR must include a schedule for adoption of theEAR-based amendment

Projected LPA hearing date for proposed amendment Projected local government transmittal hearing date Projected adoption date

DCA Review Process Agencies send comments to DCA by day 30 DCA issues Preliminary sufficiency determination within 60

days DCA issues Final sufficiency determination within 90 days EAR is sufficient if it fulfills the components required (2)(a

p), including major issues

Delegated reviews


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AVOID THESE EARRELATEDPENALITIES

If EAR not adopted and submitted for reviewby due date: Cannot amend plan (except DRI, port and

statutorily-mandated plan updates)

Administration Commission sanctions

If EAR not sufficient:

Can continue to amend plan for one year If not sufficient within one year, then no more

amendments (except DRI)


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AVOID THESE EAR-BASEDAMENDMENT PENALITIES

If EAR-based amendment not adoptedby due date:

Prohibition on adopting new amendments(except for statutorily-mandated planupdates)

Administration Commission sanctions


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STATUTORILY-MANDATEDPLAN UPDATES

1. CIE updates (s.163.3177(3)(b)1., F.S.)2. Water supply plans (s. 163.3177(6)(c), F.S.)

3. Public school siting (s.163.3177(6)(a), F.S.)

4. Public education facilities elements(s.163.3177(12), F.S.)

5. Military installations (s.163.3177(6)(a), F.S.

6. Compliance agreements (s.163.3184(6), F.S.)7. Wekiva Study Area (s.373.0361, F.S.)


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SUMMARY: WHAT TOREMEMBER

1. Make sure the EAR is a summaryaudit

2. Focus of major issues

3. Address all statutory requirements,including the 163.3191(2)(a p)content requirements


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CONTACT

Walker BanningDepartment of Community Affairs2555 Shumard Oak Blvd.Tallahassee, FL 32301850-922-1785

[email protected]

http://www.dca.state.fl.us/fdcp/DCP/ear/indexear.htm

EAR Guide on web

Ear Walker Banning

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