The New Growth Management Statute GROWTHMANAGEMENT Transportation Proportionate

The New Growth Management Statute GROWTHMANAGEMENT Transportation Proportionate Fair Share

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

Context GROWTHMANAGEMENT • 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.

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

The Foundation of the New Growth Management Law (Chapter 163) GROWTHMANAGEMENT • 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

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

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

Why Doing This At Development Order Time Is More Effective? GROWTHMANAGEMENT • Development Order l Time ea tive/R Proac – Capacity available or planned • Certificate of Occupancy – Building ready to open – Financial commitments made active Re

What does it mean to you in local government? • The New Growth Management Law GROWTHMANAGEMENT (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”

Objectives of “New” Concurrency GROWTHMANAGEMENT • 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

Objectives of “New” Concurrency GROWTHMANAGEMENT • Required local governments to adopt mechanism for Proportionate Fair Share by December 1, 2006 Proportionate Fair Share Website http: //www. dot. state. fl. us/planning/gm/pfso/default. htm

Best Practices GROWTHMANAGEMENT http: //www. dot. state. fl. us/planning/gm/pfso/default. htm

Model Ordinance GROWTHMANAGEMENT http: //www. dot. state. fl. us/planning/gm/pfso/default. htm

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

Options For Developer (From The Model Ordinance) • Chapter 163 provides options for developer to proceed (Sec. E, General Requirements) GROWTHMANAGEMENT – 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”

Options For Developer GROWTHMANAGEMENT • 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

Options for Proportionate Fair-Share (From the Model Ordinance) GROWTHMANAGEMENT • 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.

Options for Proportionate Fair-Share (From the Model Ordinance) GROWTHMANAGEMENT • 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

Options for transportation CMS Reliever Corridors • Blairstone Rd. Extension - Tallahassee GROWTHMANAGEMENT

Options to meet concurrency Reliever Corridors GROWTHMANAGEMENT • 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