growth management legislative discussion: transportation concurrency april 24, 2012 growth...

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

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 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


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


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


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


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


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 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.


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


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


Why is there a belief that Why is there a belief that concurrency failed?concurrency failed?


EconomyEconomy

Consistent ApplicationConsistent Application

Concurrency TestDO NOT COLLECT PERMIT

PAY ANOTHER $200

GO TO JAILGo Directly to Jail


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

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


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


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


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

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

growth management legislative discussion: transportation concurrency april 24, 2012 growth...

Documents

urban service area concept

urban sprawl

urban development

analysisfinancial feasibility

transportation facilities

land use technique

funding infrastructure

concurrency management