growth management legislative discussion: transportation concurrency april 24, 2012 growth...
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Growth Management Legislative Discussion:
Transportation Concurrency
April 24, 2012April 24, 2012
Growth Management Series
Discussion TopicsDiscussion Topics1.1. Planning Overview / Comprehensive Plan Amendment ReviewPlanning Overview / Comprehensive Plan Amendment Review
2.2. Concurrent Plan Amendment / Rezoning and Small Scale Concurrent Plan Amendment / Rezoning and Small Scale AmendmentsAmendments
3.3. Urban Service Area Expansions, Urban Sprawl, Needs AnalysisUrban Service Area Expansions, Urban Sprawl, Needs Analysis
4.4. Financial Feasibility: Funding Infrastructure and ServicesFinancial Feasibility: Funding Infrastructure and Services
5.5. Concurrency: TransportationConcurrency: Transportation
6.6. Concurrency: Schools and ParksConcurrency: Schools and Parks
7.7. Developments of Regional ImpactDevelopments of Regional Impact
8.8. Sector Plans and New TownsSector Plans and New Towns
Growth Management Series
Discussion TopicsDiscussion Topics1.1. Planning Overview / Comprehensive Plan Amendment ReviewPlanning Overview / Comprehensive Plan Amendment Review
2.2. Concurrent Plan Amendment / Rezoning and Small Scale Concurrent Plan Amendment / Rezoning and Small Scale AmendmentsAmendments
3.3. Urban Service Area Expansions, Urban Sprawl, Needs AnalysisUrban Service Area Expansions, Urban Sprawl, Needs Analysis
4.4. Financial Feasibility: Funding Infrastructure and ServicesFinancial Feasibility: Funding Infrastructure and Services
5.5. Concurrency: TransportationConcurrency: Transportation
6.6. Concurrency: Schools and ParksConcurrency: Schools and Parks
7.7. Developments of Regional ImpactDevelopments of Regional Impact
8.8. Sector Plans and New TownsSector Plans and New Towns
Retain transportation Retain transportation concurrencyconcurrency
Direct staff to work with RSTF Direct staff to work with RSTF to enhance our current systemto enhance our current system
Develop a long-Develop a long-term alternativeterm alternativeto concurrencyto concurrency
Requested Direction
Concurrency BackgroundConcurrency Background Concurrency ImplementationConcurrency Implementation Changes under HB 7207Changes under HB 7207 RecommendationsRecommendations Requested DirectionRequested Direction
Presentation Outline
Concurrency BackgroundConcurrency Background Concurrency ImplementationConcurrency Implementation Changes under HB 7207Changes under HB 7207 RecommendationsRecommendations Requested DirectionRequested Direction
Presentation Outline
Concurrency is:Concurrency is: Requirement that necessary public Requirement that necessary public
facilities are available facilities are available concurrentconcurrent with impacts of developmentwith impacts of development
Concurrency is not:Concurrency is not: A planning toolA planning tool A funding mechanismA funding mechanism
Concurrency Background
Concurrency Background
19801980 19901990 20002000 20102010
1985 Growth Management Act1985 Growth Management Act Financial feasibilityFinancial feasibility
Adopt and maintain LOS standardsAdopt and maintain LOS standards
Adopt a schedule of capital Adopt a schedule of capital improvementsimprovements
Transportation concurrencyTransportation concurrencywas a state mandatewas a state mandate
Concurrency Background
19801980 19901990 20002000 20102010
1992 Amendment1992 Amendment Consider area-wide LOSConsider area-wide LOS
Parallel corridorsParallel corridors
1993 Amendment1993 Amendment Concurrency exception for infill and Concurrency exception for infill and
redevelopmentredevelopment
Long Term Financial Feasibility Long Term Financial Feasibility (10 – 15 year CIE)(10 – 15 year CIE)
1999 Amendment1999 Amendment Promote integrated land use and Promote integrated land use and
multi-modal planningmulti-modal planning
Concurrency Background
19801980 19901990 20002000 20102010
2005 Amendments – SB 3602005 Amendments – SB 360 Strict 5-year financial feasibility Strict 5-year financial feasibility
requirementrequirement
Annual reporting of CIEAnnual reporting of CIE
Introduced proportionate-fair share Introduced proportionate-fair share as local government optionas local government option
Concurrency Background
19801980 19901990 20002000 20102010
2009 Amendment – SB 3602009 Amendment – SB 360 Eliminated Concurrency Eliminated Concurrency
Requirements in Dense Urban Requirements in Dense Urban Land Area (DULAs)Land Area (DULAs)
2011 Amendment – HB 72072011 Amendment – HB 7207 Removed Financial Feasibility Removed Financial Feasibility
RequirementsRequirements
Optional Transportation Optional Transportation ConcurrencyConcurrency
Changed application of Changed application of Proportionate ShareProportionate Share
Concurrency Background
19801980 19901990 20002000 20102010
Orange County Orange County ConcurrencyConcurrency10-Year Schedule of Capital 10-Year Schedule of Capital Improvements (LTCMS)Improvements (LTCMS)
Parallel corridors (TCMA)Parallel corridors (TCMA)
Public-private partnerships Public-private partnerships (Proportionate Share)(Proportionate Share)
Innovation Way Multimodal Innovation Way Multimodal Transportation District (MMTD)Transportation District (MMTD)
Alternative Mobility Area (TCEA)Alternative Mobility Area (TCEA)
Concurrency BackgroundConcurrency Background Concurrency ImplementationConcurrency Implementation Changes under HB 7207Changes under HB 7207 RecommendationsRecommendations Requested DirectionRequested Direction
Presentation Outline
Concurrency Implementation
Comprehensive PlanComprehensive Plan Transportation Element Transportation Element Capital Improvements ElementCapital Improvements Element Future Land Use ElementFuture Land Use Element
OBJ FLU1.2
Orange County shall use the Urban Service Area concept as an effective fiscal and land use technique for managing growth. The Urban Service Area shall be used to identify the area where Orange County has the primary responsibility for providing infrastructure and services to support urban development.
OBJ T2.2
The County will maintain a concurrency management system which ensures that transportation facilities and services needed to support development and redevelopment are available concurrent with the impacts of such development.
OBJ CIE1.3
Orange County shall regulate growth by requiring the adopted level of service standards for traffic circulation, mass transit, recreation, potable water, sanitary sewer, solid waste, and stormwater management, and schools to be maintained through public or private investment.
OBJ T1.1
The County adopts the Long-Range Transportation Plan (LRTP) or most current annual update by reference as the County’s 20-year roadway improvement program. This plan includes the 10-year Capital Improvement Schedule, a 5-year Capital Improvement Program, state roadway projects, and other needed county transportation improvement projects inclusive of proposed partnership projects. This annually updated plan represents a cost feasible project plan that addresses current and future roadway deficiencies.
Concurrency Implementation
Orange County Code (Ch. 30)Orange County Code (Ch. 30)Concurrency RequirementsConcurrency Requirements
Staff Staff ReportReport
Information Information Letter Letter
Encumbrance Encumbrance LetterLetter
Reservation Reservation CertificateCertificate
Comp Plan Comp Plan Amendment Amendment
X
RezoningRezoning X
PD RezoningPD Rezoning X
Residential PSP Residential PSP X
Residential Plat Residential Plat X
Non-Residential Non-Residential Plat Plat
X
Commercial Site Commercial Site Plan Plan
X
People, Processes, and SystemsPeople, Processes, and Systems
Concurrency Implementation
ApplicationApplication ReservationReservation PermittingPermitting
Final approval at building permitFinal approval at building permit Capacity is available:Capacity is available:
Apply, reserve trips Apply, reserve trips Pay impact feesPay impact fees
Capacity is not available:Capacity is not available: Reduce development impactsReduce development impacts Provide improvementProvide improvement Provide monetary Provide monetary
contributioncontribution Wait until improvement Wait until improvement
in placein place
Concurrency Implementation
Why is there a belief that Why is there a belief that concurrency failed?concurrency failed?
Concurrency Implementation
EconomyEconomy
Consistent ApplicationConsistent Application
Concurrency TestDO NOT COLLECT PERMIT
PAY ANOTHER $200
GO TO JAILGo Directly to Jail
Concurrency Implementation
Has transportation concurrency Has transportation concurrency failed in Orange County?failed in Orange County?Integral part of Land Development ProcessIntegral part of Land Development Process
Deferred key decisions to permittingDeferred key decisions to permitting
Supported development of capital Supported development of capital improvements programimprovements program
PrioritizationPrioritization FundingFunding
Few failing facilitiesFew failing facilities
Concurrency Implementation
Concurrency BackgroundConcurrency Background Concurrency ImplementationConcurrency Implementation Changes under HB 7207Changes under HB 7207 RecommendationsRecommendations Requested DirectionRequested Direction
Presentation Outline
Transportation concurrency is Transportation concurrency is now optionalnow optional RescindRescind RetainRetain ReviseRevise
Amended language for Amended language for proportionate share proportionate share and impact fee creditsand impact fee credits
Changes Under HB 7207
If we rescind:If we rescind: Must amendMust amend
comprehensive plancomprehensive plan Amendment not subjectAmendment not subject
to state reviewto state review
Connection of major plan goals and objectivesConnection of major plan goals and objectives
May result in uncoordinated timing of May result in uncoordinated timing of infrastructure and developmentinfrastructure and development
Fiscal impactsFiscal impacts
Resolves unintended consequencesResolves unintended consequences
Changes Under HB 7207
Fin
anci
al Feasi
bilit
y
Fin
anci
al Feasi
bilit
y
Main
tain
LO
S
Main
tain
LO
S
If we retain:If we retain: Maintain Comprehensive Plan provisionsMaintain Comprehensive Plan provisions
Five-year Capital Improvement ScheduleFive-year Capital Improvement Schedule Adopt and Maintain LOS standardsAdopt and Maintain LOS standards
Revise plan and code related to Revise plan and code related to proportionate share and impact fee creditsproportionate share and impact fee credits
Allow time to develop an alternativeAllow time to develop an alternative
Compatibility with other counties and Compatibility with other counties and municipalitiesmunicipalities
Changes Under HB 7207
If we revise:If we revise: Legislation encourages policy guidelines Legislation encourages policy guidelines
and techniques to address potential and techniques to address potential negative impactsnegative impacts
Legislation encourages tools and Legislation encourages tools and techniques to complement the application techniques to complement the application of concurrencyof concurrency
Flexibility to develop plan and systemFlexibility to develop plan and system
Requires additional resources and timeRequires additional resources and time
Changes Under HB 7207
Concurrency BackgroundConcurrency Background Concurrency ImplementationConcurrency Implementation Changes under HB 7207Changes under HB 7207 RecommendationsRecommendations Requested DirectionRequested Direction
Presentation Outline
Decision PointsDecision Points Rescind, retain, or revise transportation Rescind, retain, or revise transportation
concurrencyconcurrency
Interpretation on proportionate share and Interpretation on proportionate share and impact fee credit languageimpact fee credit language
Coordinate with other Coordinate with other county and municipal county and municipal governmentsgovernments
Engage the RSTFEngage the RSTF
Recommendation
Prepare necessary Comprehensive Prepare necessary Comprehensive Plan and code changesPlan and code changes
Develop Concurrency Alternative Develop Concurrency Alternative (Thoroughfare / Mobility Plan)(Thoroughfare / Mobility Plan) Improve land use and transportation Improve land use and transportation
connectionconnection
Multi-modal, safety focusMulti-modal, safety focus
Complement existing plan goalsComplement existing plan goals
Evaluate funding implications (fiscal Evaluate funding implications (fiscal sustainability)sustainability)
Recommendation
Concurrency BackgroundConcurrency Background Concurrency ImplementationConcurrency Implementation Changes under HB 7207Changes under HB 7207 RecommendationsRecommendations Requested DirectionRequested Direction
Presentation Outline
Retain transportation Retain transportation concurrencyconcurrency
Direct staff to work with RSTF Direct staff to work with RSTF to enhance our current systemto enhance our current system
Develop a long-Develop a long-term alternativeterm alternativeto concurrencyto concurrency
Requested Direction
Growth Management Legislative Discussion:
Transportation Concurrency
April 24, 2012April 24, 2012