Growth management and public transit in the state of Florida

Growth management and public transit in the state of Florida

Material Information

Growth management and public transit in the state of Florida meaning and application at the local level
Staes, Lisa
Land, Laurel
University of South Florida -- Center for Urban Transportation Research
Central Florida Regional Transportation Authority
Florida -- Dept. of Transportation
Place of Publication:
University of South Florida, Center for Urban Transportation Research
Publication Date:
Physical Description:
ii, 26 leaves : ; 28 cm.


Subjects / Keywords:
Transportation -- Planning -- Florida ( lcsh )
Regional planning -- Florida ( lcsh )
non-fiction ( marcgt )


Additional Physical Form:
Online version available.
General Note:
"Prepared for Florida Department of Transportation and the Central Florida Regional Transportation Authority, d.b.a. LYNX by Center for Urban Transportation Research, College of Engineering, University of South Florida, April 2000."
Statement of Responsibility:
Lisa Staes, Laurel Land.

Record Information

Source Institution:
University of South Florida Library
Holding Location:
University of South Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
029180272 ( ALEPH )
268799703 ( OCLC )
C01-00139 ( USFLDC DOI )
c1.139 ( USFLDC Handle )

Postcard Information



This item has the following downloads:

Full Text
xml version 1.0 encoding UTF-8 standalone no
record xmlns http:www.loc.govMARC21slim xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.loc.govstandardsmarcxmlschemaMARC21slim.xsd
leader nam 2200301Ia 4500
controlfield tag 001 029180272
005 20110908180115.0
008 081104s2000 flu 000 0 eng d
datafield ind1 8 ind2 024
subfield code a C01-00139
b S73 2000
1 100
Staes, Lisa.
0 245
Growth management and public transit in the state of Florida :
meaning and application at the local level /
Lisa Staes, Laurel Land.
[Tampa] :
University of South Florida, Center for Urban Transportation Research,
ii, 26 leaves ;
28 cm.
"Prepared for Florida Department of Transportation and the Central Florida Regional Transportation Authority, d.b.a. LYNX by Center for Urban Transportation Research, College of Engineering, University of South Florida, April 2000."
Online version available.
z Florida
x Planning.
Regional planning
Land, Laurel.
2 710
University of South Florida.
Center for Urban Transportation Research.
Central Florida Regional Transportation Authority.
Dept. of Transportation.
t Center for Urban Transportation Research Publications [USF].
4 856


GROWTH MANAGEMENT AND PUBLIC TRANSIT IN THE STATE OF FLORIDA M eaning and Application at the Local Level Prepared for: Florida Department of Transportation and The Central Florida Regiona l Transportation Authority d.b.a. LYNX By: Center for Urban Transportation Research College of Engineering University of South Florida Apri12000


Center for Urban Transportation Research Univers ity of South Florida 4 202 E Fowler Avenue CUT 100 Tampa Flor i da 33620-5375 (813) 974-3120 Suncom 574 3120 Fax (813) 974 5168 Program Director: Dennis Hinebaugh Authors: Lisa Stees, Senior Research Associate Laurel La n d AICP, Research Associa te


Table ;of Contents Preface ................... . . ............... : ................. .... . i Summary of Issues . . ........ ...... ........... .... ................ i Report Outl i ne ... .... ..... ..... ......... ........ .............. 1 Other Activit ies . . . . . . . . . . . . . . . . . . . . . . . . . . . i i CHAPTER 1 -GROWTH MANAGEMENT IN FLORIDA I n trod uction . . . . . . . . . . . . . . . . . . . . . . . . . . 1 H is tory . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Florida Growth Management H i erarc hy . . . . . . . . . . . . . . . . 2 G rowth Po l icy Act of 19 99 . . . . . . . . . . . . . . . . . . . . . . . 8 Federal Transporta tion P l anning Requirements . . . . . . . . . . . . . . 1 1 Local T r ansit Pl anning Efforts ......... ...... .......... .............. ... 14 CHAPTER 2STRATEGIES FOR SUCCESSFUL INTEGRATION OF TRANSIT INTO THE GROWTH MANAGEMENT PROCESS Trans i t Agency I nv o lv ement ........... ................. ............. 16 Opportunities for Coordina tio n . . . . . . . . . . . . . . . . . . 18 Ideas for Coordination . . . . . . . . . . . . . . . . . . . . . . 23 Revisions to Chapter 163, Florida Statutes .............. ........ ...... . 25 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . 26


Growth Management and Pi.l'blic Transit in the State of Florida Meaning and Application at the Local Level PREFACE The Center for Urban Tran sportation Research (CUTR) is under contract with the Florida Department of Transportation to provide on site and short term technical support to Flor ida's transit agencies. This brief report, Growth Management and Public Transit in the State of Florida, Meaning and Application at the Local Level, was developed at the request of the Central Florida Regional Transportat i on Authority (CFRTA), d.b.a LYNX. SUMMARY OF I SSUES The major i ssues discussed i n this report inc l ude: How growth management in Florida works, including the relationship between state level agencies local governments, metropolitan planning organizations, and transit providers; The role transit agencies play in growth management at the local level and how agenc i es should best coordinate the planning for operating and capital needs with the local comprehensive planning process; Growth management guide l ines that can be used by transit agency staff members to assist them with the process ; and How transit agencies can educate loca l eleCted offic ials and encourage them to establish local policies that support public transportation. REPORT OUTLINE Chapter one of this report will summarize F l orida's growth management law, the Local Government Comprehensive Planning and Land Deve lopment Regulat i on Act and the Growth Policy Act of 1999 and will descr ibe the growth management process i n the state. The re lati onship between local regional, and state plann i ng efforts and activities will also be discussed Also provided is a discussion of how transit planning efforts fit into the growth management and transportation p lan ning hierarchy established within Florida. Chapter two will identify the role transit agencies play in the local p la nning process and will discuss how they can benefit t hrou gh close coo rdi nation and participation in that process. Transit and Smart Growth Gui delines for Transit Agencies and Lo ca l


Policymakers will be developed that will discuss how transit staff can educate and persuade local elected officials to establish pol i cies and procedures that support public transit within their community OTHER AC T IVIT IES CUTR staff will present this material at upcoming FTA funct i ons, i.e., annual and mid year conferences A Microsoft PowerPoint presentation summarizing this report will be deve l oped a nd distributed upon request, to F lorida's transit agencies. II


CHAPTER 1 GROWTH MANAGEMENT IN FLORIDA INTRODUC TION In the State of Florida growth management represents a systematic approach to planning that encourages the creation and proliferation of "sustainable communities" and pedestrian friendly" environments. Within this context publ ic transit should be central to the transportation networks envisioned by this idea Recent changes in Florida 's omnibus growth management laws have shifted the focus of transportation impacts and the mit i gation of those im pacts to alternative transportation modes i ncluding public trans i t However, Florida 's transit agencies must involve themselves in the growth management process within the ir communities and understand that process in order to fully benefit from the opportunities that become available to them In order to effectively discuss the growth management process in the State of Flor i da, its application at the local level and the implications for public transit in the state, it is important to understand the history of growth management in the state. ltis also important to define the relationship between each lev el of the growth management or comprehensive planning process; the way in which plans are developed, adopted and amended; and some of the central themes to growth management suc h as concurrency, the establ is hment of leve ls of service" (LOS) standards, and their success (or failure) in l im i ting u rban sprawl." The primary sources of information included in this paper are Chapter 163; F l orida Statutes, Chapter or "Ru le" 9J-5, Florida Admin i strative Code, the Florida Transportation Plan, Transit 2020, Chapter 186, Florida Statutes, Chapter 339, Florida Statutes, and the federal Transportat io n Equ ity Act for the 2 1 Century Act (TEA-21). Also included in this paper is information obtained from summaries of relevant growth management issues and various staff reports and memoranda prepared by the Florida Department of Transportat ion Transit Office and Office of Policy Planning, and the Florida Department of Community Affairs, Division of Community Planning. (Important terms will be written in bold typeface the first time they are presented.) HISTORY The history of growth management in the State of Florida began with the Environmental Land and Water Management Act of 1972. The purpose of the act was to utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and control future development. Growth management gained additional momentum in the mid1970s with the passage of the Local Government Comprehensive Planning Act in 1975 This act requ i red each city and county government in Florida to prepare and adopt a local comprehensive plan that addressed l and use, traffic circulation, recreation conservation, intergovernme ntal coordination and other important issues. I


The most important aspect of the act was the requirement that all development be consistent with the local comprehensive plans. In 1984, the passage of the State and Regional Planning Act furthered the growth management effort in the state by establishing a framework for preparing and adopting the state comprehensive plan, the state agency functional plans, and the comprehensive regional policy plans. Florida now had an integrated comprehensive plan ning network comprised of local government comprehensive plans, regional, and state plans required to be internally consistent and consistent between each level within the hierarchy of the network In 1985, the State of Florida Leg isla ture passed the most progressive piece of growth management legislation in the stale and perhaps in the nation. T he Loca l Government Comprehensive Planning and Land Development Regulation Act, codified within Chapter 163, Florida Statutes (F.S.), significantly changed the 1975 p l a nn ing law. This act requires each city and county to prepare and adopt a local comprehensive plan containing mandatory elements, including future land use, traffic circulation, recreation, conservation, housing, and intergovernmental coordination (subsequent amendments have changed the mandatory and optional elements of the comprehensive plans). The plans must be consistent with and further the State Comprehensive Plan and the strategic regional policy plan of the area. By l im iting the ability of a local gov ern ment to alter or "amend" the plan after it was adopted the act provided strength to the comprehensive pla nn i ng process. Central to the growth management theme of the act is the fight against urban sprawl. Specific features include: expanding the stale's role in overseeing growth management requirements; requ iri ng that all goals, objectives, and policies, as well as traffic circulation and land use maps be supported by and based on specific data and analysis; mandating that local governments set forth how they intend to provide for and pay for the infrastructur e needed for anticipated growth; mandating that "public facilities and services needed to support development be available concurrent with the impacts of such development;'' requiring that citizens are given a clear and prominent role in the development of local plans and some power to enforce compliance with the adopted plan; and requiring that land development regulations that implement the plan be adopted and enforced by local governments. THE FLORIDA GROWTH MANAGEMENT HIERARCHY State Comprehensive Plan The State Comprehensive Plan provides "long range guidance for the orderly social, economic, and physical growth" of Florida. T here are 26 goals on a wide range of topics including natural resources lan d use, and agriculture with corresponding policies established to help meet those goals. The state plan is to be imp lem ented 2


through each of the state agencies' functional plans and the comprehensive regional po l icy plans (now referred to as "strategic regional policy plans ). State Agency Functional Plans Section 186.021, Florida Statutes (F.S ) establishes the requirement for each of Florida's state agencies to prepare a functional plan. State agency functional plans are intended to ref l ect each state agency's programs that support and further the goals and policies of the state comprehensive plan. It is also intended that these plans drive the annual budget requests of each of the state agenc i es. Agency functional plans must be consistent with the State Comprehensive Plan. The Florida Transportation Plan (FTP) is the state agency funct i onal plan for the Department of Transportation The 2020 Florida Transportation Plan The Florida Transportation Plan (FTP) is a statewide transportation plan developed by the Florida Department of Transportation that documents long and short range transportat i on goa l s and object i ves within the broader framework of the State Comprehensive Plan, as well as othe r state, and federal mandates. "The Florida Transportation Plan shall consider the needs of the entire state transportation system and examine the use of all modes of transportation to effectively and effici entl y meet such needs .. "( 339.155(1 ), Florida Statutes) This plan, as well as the individual elements of the plan, guide the policies that direct the establishment of the Department's annual Work Program, includ in g expenditures for public transportation projects and programs The Short Range Component also serves as the annual performance report fo r the Department. The transit eleme n t of this FTP is Transit 2020: Florida's Strategic Plan for Public Transportation. Transit 2020 : Florida's Strategic Pla n for Public Transportation Transit 2020 was developed by the Florida Department of Transportation in cooperation with and with the assistance of state and local government agencies, public transit prov i ders, community leaders, and the general public Transit 2020 provides the policy framework that ties the state's pub li c transportat ion goals an d obj ectives into the FOOT's annual budget requests and the 5-Year Work Program The purpose of the plan is ... to support the development of a transit system that provides Floridians and visitors with an effective, efficient and customer-friendly transit service in a transit friendly environment ... (Transit 2020. September 1998). The three critical subject or "issue" areas defined in the plan include transit service funding and planning/pol icy. The plan identifies a goal. and a series of objectives, strategies and tasks for each of the issue areas establishing the direction for transit in Florida. 3


Strategic Regional Policy Plans : Section 186.507, Florida Statutes, establishes the requirement for each of Florida's regional planning councils to prepare a strategic regional policy plan (SRPP) and specifies the required elements of the plan. Each of the SRPPs must contain regional goals and policies that address affordable housing, economic development, emergency preparedness natural reso u rces of regional significance, and regional transportation. Regional plans must be consistent w ith the state comprehensive plan. The Executive Office of the Governor, by rule, establishes the minimum criteria to be addressed in each SRPP and a uniform format for each. This plan provides data for local governments and the private sector, addresses a broad range of regiona l resources and infrastructure needs, establishes the basis for Developments of Regiona l I mpact (DRI) reviews, and can b e used by local governments in developing their comprehensive plans. Local Government Comprehensive Plans Chapter 9J-5, Florida Administrative Code (F.A.C.), establishes the minimum criteria for the preparation, review, and determi nation of compliance of comprehensive plans and plan amendments pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, F.S. On or before July 1, 1991, all units of local government in Florida developed a comprehensive pla n consistent with the minimum criteria es tab lished in Chapter 9J-5 F.A.C .. Each comprehensive plan was originally required to address, at a minimum, the follow i ng elements: future land use; traffic circulation; sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation; recreation and open space; housing; intergovernmental coord ination ; and capital improvemen ts. For those local governments in coastal areas a coastal management area was required. Each municipality with populations greater than 50,000 and counties with populations greater than 75,000 were to prepare a traffic circulation element and a mass transit element either as part of the traffic circulation e lemen t or separate. In 1994 the Loca l Government Comprehensive Planning and Land Development Regulation act was amended requiring loca l governments located within the urban area of a metropolitan planning organization (MPO) to prepare a transportatio n element. Section 9J-5.019, F.A.C. establishes the minimum criteria for the transportation element of the comprehensive plan. The purpose of the transportation element of the comprehensive plan is to effectively plan for a multi-modal transportation system that places emphasis on public transportation systems( 9J-5.019 F.A.C.) All transportation elements prepared within the urban area of an MPO must be consistent with and be coordinated with the long range transportation plan of that MPO. 4


Process for Adoption of Comprehen sive Plan or Plan Amendment Immediately following a formal public hearing held in accordance with 163.3184(15) F .S., a completed proposed comprehensive plan or plan amendment is sent to the state land planning agency (the Department of Community Affairs). the appropriate regional planning council for the area, the water management district, the Department of Environmental Protection, and the Depa rtment of Transportation for review and determination of compliance with the SCP, the appropriate SRPP, and Rule 9J-5. In the case of plan amendments, all amendments must be consolidated into a single submission for each of the two plan amendment adoption dates during the calendar year. If the amendment is a result of an evaluation and appraisal report (EAR), the submission must also contain the original copy of the EAR. Any comments received by the agencies reviewing the plan ttie public, or any other d iv ision of government are provided to the local government in writing by the state land planning agency The local government has 120 days following the receipt of comments to either adopt or adopt with changes the proposed comprehensive plan or plan amendment(s). Comprehensive plans or plan amendments must be adopted through the course of a public hearing. The local government must then transmit the fi na l approved comprehensive plan or amendment to the state land planning agency and the appropriate regional planning council within 10 days of adoption. Once the state land planning agency has received the adopted comprehensive plan or plan amendment, they have 45 days (30 days if under a compliance agreement) to review the plan or plan amendment and determine i f it is in compliance with Chapter 163, F.S. During this time, the state la nd planning agency must file a notice of intent to find that the plan or plan amendment is in or not in compliance. Development of Land Development Regulations Within one year of the adoption of a local government's comprehensive plan, each county and municipality are to adopt or amend and enforce land development regulations (LDRs) that are consistent with and implement the adopted comprehensive plan. At a minimum, LDRs must regulate the subdivision of land within the local government's jurisdiction ; regulate the use of land and water and ensure the compatibility of those uses with adjacent lands; provide for the protection of potable water wellfields; regulate flood prone areas and provide for drainage and stormwater management; ensure the protection of environmentally sensitive areas; regulate signage; provide that public facilities and services meet or exceed the levels of service established i n the comprehens ive plan and that development orders and perm i ts are issued consistent with the concurrency management system established for the jurisdiction; and ensure safe and convenient onsite vehicular and pedestrian traffic flow. Land development regulations are reviewed by the state land planning agency to 5


ensure their consistency with the adopted.plan. Standards for the review of land deve lopment regulation are provided in 9J-5.022 F.A.C. Evaluation and Appraisal Chapter 163 F.S provides that the planning process be continuous and ongoing. Each local government that submits a comprehensive plan must adopt an evaluation and appraisal report (EAR) once every seven (7) years that assesses the progress of the local government in implementing the comp re hens ive plan. Changes in state, regional, and local planning and growth management policies should be addressed, as well as lo ca l tren ds and changing conditions within the physical and socio-economic environments of the community. Changes in development patterns. population growth, annexations or other physical aspects must also be addressed. The success in meeting the established goals, objectives and policies of the original plan must be examined and discussed. If there has been a shift in the major issues facing the community, it mus t also be discussed. Any actions or corrective measures necessary to address new issues or adequately correct existing issues must a lso be identified The final result of the evaluation and appraisal process is the development of a formal comprehensive plan update that is reviewed by the land planning agency for conformance with the minimum criteria established in .3191, F .S and 9J-5.0053, F.A.C. If found to be in compliance, the local government must adopt the report consistent with the phased schedule for EAR adoption established by the state land planning agency. The local government must then amend the comprehensive plan based on the recommendations made in the EAR. Public Participation It was the intent of the legislature that the public have the opportunity to participate in the comprehensive planning process to the "fullest extent possible." Chapter 163, F.S. requires tha t all local planning agencies and local government units adopt procedures to prov ide effective public participation in the comp rehensive planning process and to provide real property owners notice of all "official activity" that would regulate the use of their property. Local governments must provide a "broad dissemination" of any proposals that would impac t p rope rty owners, and provide opportunities for written comments, public hear ings, open d iscussions communication programs, and information services. The local government must a ls o establish policies and procedures that allow for the full consideratio n and response to public comments. 6


Concurrency -It was the intent of the Florida Legislature that public facilities and services needed to support Florida's burgeoning growth be available "conc urrent'' with or at the same time as the impacts of developments occur. In order to ensure a consistent and effective way of tracking concurrency within a local jur isdic tion, each local government is required to establish a conc u rrency management system The primary purpose of a concurrency management system is to "establish an ongoing mechanism which ensures that public facilities and seNices needed to support development are available concurrent with the impacts of such development."( 9J5.0055 F.A.C.). Concurrency management systems developed by loca l governments must include a requirement that the local government maintain adopted levels of service standards for sanitary sewer, solid waste, d ra inage potable water, parks and recreat ion mass transit (if applicable), and roads and public transit (as required by 9J5.019(4)(c)1 effective in March 1994). The system must also include a requirement that the local government's capital improvement element establish a financially feasible plan that provides for the achievement and maintenance of the established level of service standards adopted by that community. Level of Service Standards A level of service," as defined by 9J-5.003(61 ) F .A. C is .. an indicator of the extent or degree of seNice provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility." In local comprehensive plans t he level of service indicates the capacity of the facility per unit of demand. All levels of loca l government are required to establish level of service standards for public facilities within their jur isdiction s pursuant to 163.3202(2)(g), F.S. Development orders and permits are to be issu ed based on the conformance with established levels of service standards. Developments that would result in a reduction of the established leve l of service standard for the affected public facilities would not be issued a permit, or would have to successfully nego tiate mitigation strategies in order to secure a development permit. Transportation Concurrency Management Areas (TCMAs) TCMAs are compact geographic areas within an existing road network where multiple, viable alternative travel paths or modes are available for common trips( 163.3180 F.S.). An areawide level of service standard may be established for the area by th e local government based upon an analysis that justifies the areawide leve l of service, ide nt i fies how urban infill and redevelopment will be promoted, an d how mobility will be accomplished within t he area( 163.31 80(7)). "The purpose of this optional alternative transportation concurrency approach is to promote in fill development or redevelopment 7


within selected sections of an urban area in a manner that supports the provision of more efficient mobility alternatives including public transir' ( 9J-S.0055(5)). Areawide levels of service and maximum service volumes must be identified in the policies of the local government's comprehensive plan. The comprehensive plan must also contain specific objectives and policies that identify actions and programs the loca l government will undertake to promote infill development and redevelopment. Transeortation Concurrens;y Exception A reas Transportation Concurrency Exception Areas (TCEAs) is another concurrency option approach that was estab lished to reduce the adverse impacts transportation concurrency may have on an urban infill area and to assist government in meeting other goals and policies of the State Comprehensive Plan, including promoting public transportation. Under limited circumstances it allows exceptions to the transportation concurrency requirement in these specifically defined areas. As with TCMAs loc a l governments must identify Transportation Concurrency Exception Areas within the ir comprehensive plans and must establish objectives and policies that identify level of service standards, service volumes, and identify activities or programs that will be undertaken by the local government to promote infill development and redevelopment. Specific requirements related to the delineation of these areas, and minimum thresholds for a variety of conditions are provided in 9J5.0055(6)(a) F.A.C. Loca l governments must also amend their comprehensive plans to provide guidelines and/or policies which specify programs that will address the transportation needs within the areas Strategies which may be employed by local governments may include but not be l imited to : timing and staging plans; parking control and pricing policies; transportation demand management strategies; transportation system ma nagement programs; the ava ilability of public transit; and the utilization of innovative financ i ng tools for the p ro vision of transportation services and facilitie.s ( 9J-5 0055(6)(c)). Q oncurrency ExceptionFor Projects That Promote Public Transp ortation Loca l governments have the authority to exempt projects from concurrency if they promote public transportation as defined in 163.3164(28), Florida Statutes. The local government must establish, in the local comprehensive plan, guidel ines and/or policies for the granting of the exception. The guidelines must demonstrate that consideration has been given to the impact of the project(s) on the Florida Interstate Highway System (FIHS) and must establish how the project(s) qualify as one that promotes public trans portation. GROWTH POLICY ACT OF 1999 The Growth Policy Act of 1999, codified in .2511 and .2526, Florida Statutes, declares that .. fiscally strong urban centers are beneficial to regional and state 8


economies and resources, are a method for the reduction of urban sprawl, and should be promoted by state, regional, and local governments. The intention of the 1999 F lo rida Legislature was to facilitate community rev ita lization through the creation of Urban lnf itl and Redevelopment Areas (Urban IRAs). The Growth Policy Act promotes fiscally strong urban centers which ultimately wiil benefit the regional economies and the state as a whole. In addition, it will serve as a tool to discourage future urban sprawl. The following section provides a summary of the important aspects of the Act: Authorizes counties and municipalities to designate urban infill and redevelopment areas; Estab lishes a process for the local designation and requires a plan for the i nfill area; Requires the Department of Community Affairs to give elevated pr io rity to these areas in its grant appl i cation process; Creates a grant program to offer planning and project implementation assistance to local areas ($2.5 million available FY 2000); Provides exceptions to the transportation co ncurrency requirements, developments of r egiona l impact substantial deviat i on thresholds, and limitations on the numbe r of comprehens ive plan amen dments within certain types of developments within these areas; Exempts public transit facil ities from the transportation concurrency provisions of Chapter 163, F.S. and Chapter 9J-5, F.A.C.; Defines projects that promote public transportation" to i nclude projects that are transit-o rie nted and designed to complement planned or existing publ ic facilities in close proximity to the area; Allows loca l governments to set l evel of service standards for general lan es in urbanized areas (with the approval of the FOOT); Requires that local governments use professio nally accepted techniques for measuring certain levels of service; and Allows for the establishment of multi-modal transportation districts. Urban lnfill and Redevelopment Areas (Urban IRAs) Urban IRAs are areas designated by a local government where public faci lit ies and services are available or are scheduled to be provided within five years of the 9


designation; the area, or neighborhoods within the area, suffer from pervasive poverty, unemployment or general distress (as defined by statute) ; the area has a proportion, greater than that of the average for the loca l government, of properties that are substandard, overcrowded, dilapidated, vacant or abandoned, or functionally obsolete; greater than 50 percent of the area is within 1/4 mile of ari existing transit stop or a sufficient number of stops will be made available at the time of the designation; and the area either i ncludes or is adjacent to community redevelopment areas, Brownfields, Enterprise Zones or Main Street programs, or has been designated by the state or federal government as a redevelopment, revitalization, or infill area under the designation of an Empowerment Zone, an Enterprise Community, or Brownfield Showcase Community or similar designation. Transit Implications of the Growth Policy Act of 1999 In general, the Growth Policy Act of 1999 provides significant benefits for public transit. The act encourages the development and redevelopment of areas currently served by transit and suggests design alternatives tha t are conducive to multi-modal transportation systems, particularly public transit. The act also supports and complements Transit 2020 the transit component of the Florida Transportation Plan, in the following areas: Improved transit access and level of service; The potential for additional transit funding through tax inc rement financ i ng ; Joint development opportunities with the privat e sector; The potential for trans it oriented development or transit oriented design in th e development or redevel opment of the area; The coordination of regional and local transit planning activities; The potential for dedicated local funds for transit investments; The promotion of contributions to transit by developers to achieve local government concurrency; The use of transit as a land development tool which focuses development; and The development of strategies and standards to better integrate transit, pedestrian, and bike modes into the state and loca l multi-modal planning process. (FOOT Transit Office, 6/99) Local governments may designate an urban infill and redevelopment area for the purpose of ta rget i ng economic development, job creation, housing, transp ortation, 10


crime prevention, neighborhood revitalization and preservation, and la nd use incent ives that encourage development or redevelopment within the urban core. Local governments must develop plans that specifically describe infill and redevelopment objectives within those geographic areas. "Each plan developed must demonstrate the local government and the community's commitment to comprehensively address the problems within the area and identify ?Ctivities and programs that will accomplish locally identified goals such as code enforcement; improved educational opportunities ; crime reduction; neighborhood revitalization and p reservation; the provision of infrastructure needs, in cluding mass transit and multi modal linkages; and mixed-use planning to promote multi-functional redevelopment to improve both the residential and commercial quality of life in the area"( 163.2517(3)). The plan must also contain a package of financial or loca l governme n t incentives that will be offered for new development, expansion of existing development and redevelopment in the area. One example of the ince n t i ves that may be offered to developers inc lude a reduction in transportation impact fees for development which encourages more use o f public transit, pedestrian, an d bicycle modes of transportation. Any existing transportation concurrency exception areas or any relevant public transportat ion corridors designa ted by the metropolitan planning organization in the lo ng range transportation plan or by the local government through the comprehensive plan must be ident ified and mapped. Fo r those areas, local governments must describe how public transportatio n pedestrian ways, and bikeways will be implemented as an alternative to increased automobile use. Many of the potential transit benefits will requ i re close coordination and cooperation between all of the affected agencies and a proactive approach by those agencies in achieving the specific objectives of the act. FEDERAL TRANSPORTATION PLANN I NG REQUIREMENTS On June 8, 1998, the Transportation Equity Act fo r the 21 Century (TEA-21) was signed into law. Similar to its predecessor, the lntermodal Surface T ranspo rtation Efficiency Act (ISTEA), TEA-21 requ ires that metropolitan planning orga nizations (MPOs) deve lop fiscally constrained lo ng range regional transportation plans and short term transportation improvement programs (TIPs). These plans must be developed thro ugh a process that includ es active public invo lvement and they must conform with the state air quality implementation plans II


Metropolitan Planning Organizations's Long Range Transportation Plans The MPO s long range transportation planning process must consider projects and strateg i es that will: (A) "support the economic vitality of the metropolitan area, estpecially by enabling global competitiveness, productivity, and efficiency; (B) increase the safety and security of the transportation system for motorized and non-motorized users; (C). increase the accessibility and mobility options available to people and for freight; (D) protect and enhance the environment, promote energy conservation, and improve quality of life; (E). enhance the integration and connectivity of the transportation system, across and between modes for people and freight; (F). promote efficient system management and operation; and (G). Emphasize the preservation of the existing transportation system (Title I, 1203(1)(1), Transportation Equity Act for the 21 Century). In the State of Florida Chapter 339, F .S. defines and establishes the requirements f or MPO long range plans in the state that further the federal requi r ements l isted above. Section 33g_175 F.S. provides that .. metropolitan planning organizations ... shall develop, in cooperation with the state and public transit operators, transportation plans and programs for metropolitan areas As well as establishing identifying the seven planning criteria established under TEA -21, 339.175(5)(c) also requires MPOs to consider the following six items: "The consistency of transportation planning with applicable federal, state and local energy conservation programs, goals and objectives; The likely effect of transportation policy decisions an land use and development and the consistency of transportation plans and programs with all applicable short-term and lang-term land use and development plans; 12


The preseNation of rights-6f:way for construction of futwe transportation projects, including the identification of unused rights of-way that may be needed for future transportation corridors and the identification of corridors for which action is most needed to prevent destruction or loss; The overall social, economic, energy and environmental effects of transportation decisions; Available methods to expand or enhance transit services and inc rease the use of such seNices; and The possible allocation of capital investments to increase security for transit systems." Section 339. 175(6) F.S. specifies th e minimum criteria for all MPO long range transportation plans and i ncludes the requirement that long range transportation plans be consistent, to the maximum extent feasible, with future landuse elements and the goals, objectives, and policies of the approved local government comprehensive plans of the local governments located within the MPO's jurisdiction. In addition, the existing approved lo ng range transportation plan must be considered by loca l governments in the development of the transportation elements in local governmen t comprehensiv e plans and any amendments to those plans. Transportation Improvement Programs Section 339. 175(7). F .S. establishes the requirement that MPOs develop a transportation improvem en t program (TIP) consistent with federal transportation law. The TIP includes projects and project phases recommended for implementation during the firs t fiscal year and the four subsequent years of the improvement program that are to be funded with state and/or federal funds. Specifically it requi res that each MPO develop a TIP in cooperation with the state and affected public transportation operators. It further requi res th at through the development of the TIP. the public, affected public agencies, representatives of transportation agency employees, freight shippers providers of fre ight transportation services, private providers of transportation, representatives of users of public transit and other interested part ies have reasonable opportunity to comment on the TIP. T IPs are updated annually. TIPs are used to initiate federally aided transportation facilities and improvements as well as other transportation facilities and improvements including transit rail, aviation, spaceport. and port facilities to be funded from the State Transportation Trust Fund, administered by the FOOT. As with the MPO lo ng range transportation plan, the TIP must be consistent, to the maximum extent feasible, w ith the approved local government comprehensive plans of the local governments within the MPO's 13


metropolitan area. T he Department ofCoinmunity Affairs reviews each T IP for consistency with those comprehensive plans Public Transportation and the MPO Planning Process Chapter 339, F.S. establishes the transit agency's role in the MPO planning process, consistent with federal law requiring transportat ion planning activities to consider multimodal transportation options for urba n transportation networks. The following citations were taken from Chapter 33g, F.S. supporting the participation and consideration of transit within the MPO planning process. Each MPO must appoint a technical advisory committee whose membership must contain a representa tive from the public transit au t hority or agency providing transit services within the MPO boundary ( 339.175(5)(e), F.S.). In developing the long range transportation plan, emphasis must be placed on those transportation facilities that serve national statewide, or regional functions, and must consider the goals established in the Florida T ransportat ion Plan, [and Transit 2020) as provided in 339.155, Florida Statutes. The long range plan must assess capita l inv estment and other measures necessary to ensure the preservation of the existing transportation system in cluding the requirements for the operation, maintenance, modernization, and rehabilitation of public transportation fac ilities( 339 175(6)(c)(1)). Each MPO must develop the transportation improvement program in cooperation with the state and affected public transportation operators( 339.175(7), F.S.). The TIP must, at a minimum, indicat e how the improveme nts are consistent, to the maximum extent feasible, with affected public transit development plans (TOPs)( 339.175(7)(c)(7), F.S.). Each MPO shall maintain a written agreement, with the operators of public transportation systems, including transit systems, describing the means by which activities will be coordinated and specifying how public transit and commuter rail planning and programming will be part of the comprehensive planned development of the metropolitan area ( 339.175(9), F .S.). LOCAL TRANSIT PLANNI NG EFFORTS At the federa l level, TEA-21 and its predecessor, ISTEA is an attempt to leve l the playing field for transit and highways. At the state leve l the Florida Department of Transportation has consistently expressed a strong commitment to intermo dal solutions to transportat ion problems and has been at the forefront of state departments of transportation in supporting public transit. 14


In th e State of F lo rida all transit agencies who are eligible to receive funding from the Fede ral Transit Admin istration's Section 5307 and/or Section 5313 programs are also eligible to receive Public Transit Block Grant funds from the FOOT. All systems that receive these funds are required to prepare Transit Development Plans (TOPs). TOPs are locally adopted short-range (five-year) transit planning documents that assess the need for transit services in a local area; establish loca l transit policies. consistent with t h e local government comprehensive plans of the area; identify existing services and proposed service im provements ; estimate th e capital and operating costs of transit services; identify existing and potential funding sources; and establish a staged implementation plan. The specific minimum requirements for the preparation and adoption of TOPs are contained in Chapter 14 -73 Florida Adm in ist ralive Code (F.A.C). Consistency with Local Government Comprehensive Plans Section 341.071( 1) F.S. provides that 1w}here there is an approved local government comprehensive plan In the political subdivision or political subdivisions in which the public transportation system is located, each public transit provider shall establish public transportation development plans consistent with approved local government comprehensive plans." Transit development plans can establish the basis for coordination of transportation planning efforts by stating the priorities fo r the transit agency. The strategic aspects of the TOP process can provide a missing piece to the puzzle of how transit fits into the larger transportation networ k in metropolitan areas and ult imately will be used to provide input in the update of local plans, including the local comprehensive p lans and t he MPO's long range transportation plan. IS


CHAPTER TWO STRATEGIES FOR SUCCESSFUL INTEGRATION OF TRANSIT INTO THE GROWTH MANAGEMENT PROCESS TRANSIT AGENCY INVOLVEMENT As growth management legis lation in Florida has evolved, it is clear that multimodalism has become an important factor for consideration in effective planning, funding, and compliance. However, growth management is not explicit but directive The extent to which transit is inte grat e d i nto each local comprehensive plan and supporting land development regulations is discretionary. Therefore, the greatest burden for coordina tion is on the transit agency. Each transit agency needs to be directly involved in the loca l growth management process by voicing its desires, concerns, and goals for transit in the community. Continuous communication is the only way to effectuate coordina tion. This means that even after a plan is updated or an issue is resolved,.it is im porta nt to maintain a presence and involvement i n the ongoing process of managing growth. In the Community Perha ps one of the most important thing s that a transit agency can d o to ensure coordination into the growth management process is to be act ive ly involved in the commun i ty. This builds consensus and allows t h e transi t agency take advantage of the additional support. I t usually takes little effort for the transit agency to be involved with local social service agencies/programs and certa in community groups. This is because the people served by these agencies or groups are typically transit-dependent and seek to be i nvo lved. Some of these groups might include : the U n i ted Way, the e ld erly and disabled commu nities. Welfare-to-Work agenc ies boys and girls clubs, etc. S ince these people rely on public transportation, they are willing to provide assistance in building awareness and, hopefully, getting better service. Large employers are often amenable to coordination with trans i t agencies. A transit agency can meet with large employers to discuss transportation needs and provide possible alterna tives. One possibility is to allow flex time fo r employees using the 16


transit system. Another potential is to prbvide premium parking spaces for those who take advantage of car or vanpooling. In larger urban areas, parking problems may create an opportunity for transit inv olvement. If an employer provides a parking stipend, i t could be reduced to an amount equal to the cost of a monthly bus pass, thereby encouraging use of the transit system. T hese employer-based efforts create a positive influence on loca l politicians who reco g nize the importance of their effect on concurrency and, ultimately, plan consistency and evaluation. With Local Governments Every governmental entity that is affected by public transportation is well aware of the local transit agency. By design, some governments (or sections thereof) are more invo lv ed with the transit agency such as the Florida Department of Transportation (FOOT) the metropolitan planning organization (MPO), and the regional planning council. Often, local governments fail to recognize the importance of the transit agency in their decision-making and planning process, and include tra ns it in their plans as a service only for those who have to use it. Transit agencies should take the lead in making local officials aware of issues goals and concerns. Since local representatives sit on the transit board, it is logical for them to advise players within their local governments and to assist in pertinent application. It is also important for the transi t agency to work closely with the FOOT, the MPO (if applicable) and the regional planning council. The more coordination of agenc ies working together, the more like ly transit becomes incorporated into the plans and policies of each. The FOO T the MPO and the regional planning council work on a broader sca l e than the t ransit agency, so it is beneficial to keep a close working re lat ionsh ip with them. This way, they can support the transit agency and provide assistance when local governments are developing plans, policies and regulations. II is also politically beneficial, as they are the decision-makers for approving transit projects and funding decisions. 17


Having a planner on staff is a good way for the transit agency to maintain inv olvement in the local government planning process. The planner could be p l aced on all pertinent mailing lists. be an active participant in local meetings, and request to be a part of any advisory groups. This would keep both the local government(s) and transit agency apprised of developments and potential changes. Information sharing can then be used to effectuate coordination. OPPORTUNITIES FOR COORDINATION There are many opportunities that the transit agency can use to further coordinat io n efforts between agencies. This may be as general as attending local government public hearings or as involved as becoming a part of the local government development review process The extent to which a transit agency avai l s itself of the opportunities i s d irectly related to the extent to which transit is incorporated into the growth manage ment process. Legislative Actions The first chapter summarized Florida's Growth Management Act and describes the incorporation of transit planning What follows is an identification of the specific areas of growth management in which transit agencies need to be actively involved in order to further the plans and goals of loca l transit. Comprehensive Plan. Every local government is required to prepare a comprehensive plan which specifies how they will accommodate growth for ten years in the future. Every municipal i ty with a population of greater than 50,000, and every county with a population of more than 75,000 must include a mass transit e le ment to the comprehen sive plan. This provides an opportunity for the transit agency to coordinate with the local government(s). Land Development Regulations (LDRs) are the vehicle for implementing the compre hensive plan (.3202(1), F.S .). LDRs contain detailed regulations for development. While it is important for transit agencies to coordinate with local governments du r ing the comprehensive plan and update process, it is equally important to coordinate during development and update of LDRs. Aggressive coordination duri ng these processes will ensure that future development will, at least, accommodate mass transit. 18


Concurrency means that public facilities (roads, water, sewer, solid waste, drainage, parks and recreation and mass transit) must have the capacity to serve new development. Section 163.3180(1)(b), F.S. affords local governments the option of using special level-of-service techniques in multimodal areas This would allow more capacity for public facilit i es which means more ability to develop. Transit agencies within governments exercising this option have additional leverage for coordination. Local governments also have the option of designating multimodal transportation dis tr icts in their comprehensive plans (.3180(15)(a), F.S.). T hese districts make pedestrian and transit movement a priority and vehicle movement secondary. Designation of a multimodal d istrict is a concurrency strategy but also requires specific design elements to support its integration into the transportation system. Essent ia lly, this would be a transit oriented development district, where the focus of movement in the community is on pedestrians and transit. This provides the optimum circumstance for coordination. One effective means for coordination is through the Development of Regional Impact (DRI) process A DRI is defined in .06(1) of the Florida Statutes, as "any development which because of its character, magnitude or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.'' Because of its potential effects, many agencies are involved in reviewing the plan, includ i ng the FOOT, RPC, MPO (if applicable) water management district(s), Florida Fish and Game Commission, Army Corp of Engineers, Department of Environmental Protection, local governments transit agency (if applicable) and any other source the RPC deems appropriate. This comprehensive review results in incorporating each agency's recommendations into conditions for a development order (DO) which the local government issues. To ensure implementation the DRI must file an annual report which inc ludes an assessment of compliance with each individua l condition in the DO Transit Development Plans (TOPs) must be completed by the transit agency and updated every year, outlining a five-year plan for the transit system. Information from the TOP is i ncorporated into the Long Range Transportation Plan, and ultimately, operating and capital imp rovements paid for via the Transportation Improvement Program (see below) 19


long Range Transportation Plans (lRTPs) are required by all MPOs. These are strategic plans that demonstrate how the transportation system will be able to provide for growth in the next 20 years. The transportation system includes roads, mass transit, ports, airports and rail. The main d ifference between comprehensive plans and lRTPs is that the latter must include a demonstration of financial feasibility. It must show anticipated revenues, costs and needs. In non-attainment areas, the lRTP must also demonstrate how improved air quality will be accomplished. Very often, MPOs rely upon mass transit (mainly buses) for this purpose. Transportation Improvement Program (T IP) is completed annually by all MPOs, chart ing how the budget will be spent. This is important to transit agencies, s ince the majority of grant funding for transit systems fillers through the state and U.S. DOT, and must be accounted for in the TIP. local Options Several tec hn iques employ coord in ation efforts which require good communication and negot ia tio n skills. They can be used in conjunction with the growth management process, and again, create more presence of the transit agency. Some of the following techni ques can also be somewhat time-consuming in order to bring about the desired results. Often, the transit agency is also the local government, and thereby has the authority to implement many of these techniques Some of these techniques are regulatory dicta ting requirements. They are created by adoption or ordinance, and are written and applied as specified. As such, they can only be implemented by local governments. Other tech niq ues are negotiable, providing a benefit to all parties involved. Mapping. Transit serv ice areas (including potential areas for expansion of transit) can be shown on a map This is a simple way to identi fy affected properties. Those propert ies within the designated service area would be subject to transit review and possible regulat i ons at the time of development. Simple ident ification of a transit area gives developers and landowners notice of potential obligations. 20


Zoning is the division of land into districts with each district having its distinct regula tions prescribing how the land may be used, and how development may occur. Zoning may be applied in a variety of ways. Transit Overlay District. Identified properties are assigned a standard special zoning district (commercial, residential, etc.) with transit controls being assigned in addition. The property and any imp rovements thereon are subject to both the standard zoning regulations and t he overlay restrictions that accommodate t ransit. These may address any number of issues relat i ng to transit, e.g. pedestrian circulation, transit stop(s) if the development is over a certain size, on-site accessibility, etc. Conditional Zoning (most commonly, Planned Unit Development) is the imposition of specific r estrictions upon the landowner as a condition of the realization of the benefit o( rezoning. It permits use of particular property subject to conditions not generally applicable to land similarly zoned. As applied herei n, certairi th resholds or iden t ified properties within the transit area would be subject to additional review before approval for development is granted Land Development Regulations (LDRs) Accommodations for transit can be incor porated in to la n d development regu la tio ns. This would specify when and how transit standards would be applied LDRs dictate what new development must do in order to receive a Certificate of Occupancy. Ince ntives. In exchange for public amenities and design that furthers public transporta tion, developers can be allowed to relax other requirements. Local governments may: Grant increased density or greater floor area ratio Lower parking requirements Decrease impact fees Reduce trip ge ne ration rates Reduce taxes Allow greater flexibility in mitigation Transit agencies may work with the local governments or directly with property owners or ma nagers in providing incentives such as permitting fre e advertising on buses or shelters. 21


Development Agreements. Tradeoffs'between public benefits and development incentives should be legally recorded in a way that assures each party will follow through Development agreements usually run with the use of the land; however they can also run with the lan d, binding each successive owner. Agreements ensure that the terms for development are clear and followed by all parties (See .3227, Florida Statutes, for requirements of a development agreement.) Joint Deve lopment Agreements specify how public and private developers will each contribute to the development of strategic projects and hinge on the public and private sectors each performing on schedule. These agr eements are particularly important with regard to redevelopment efforts. For insta nce, a business or property owner agrees to in stall awnings, light i ng and la ndscaping improvements, and the city commits t o improve the arteria l construct sidewalks and consolid ate driveways. Joint efforts are a good way for local governments to demonstrate their commitment to transit and their willingness to assist in retrofitting for the benefit of the community. An Intergovernmenta l Agreement is a binding contract creating legal rights and obligations between parties It is the mutual consent and obligation to uni te in a common purpose. This is the ultimate means of intergovernmenta l coordination, as it is legally binding and specific in its terms of the desired course of action. Intergovernmen tal agreements work best when responsibilities financial obligations, and procedures for review and management are detailed. This is particularly im portant in a transit area serv i ng multip le jurisdictions It ensures that all of the affected governments are working together. Joint Planning Agreements are an effective way to get loca l governments to join toge ther for the purpose of achieving planning objectives across municipal or unincorporated boundaries. This option is rarely used, but can be exercised for joint partic ip atio n in the preparation and adoption of the comprehensive plan, land development regulations or any other relevant planning purpose (See .3171, F .S.) L ocal governments may joint ly exercise powers pursuant to publ ic hearing and subsequent formal adoption of the joint agreement. A Resolution is the formal expression of an opinion or the will of an official body. A resolution publicly declares the unilatera l position of a governing body on a given policy at a point in time. A resolution in support of transit may serve as an initial step toward a 22


more formal and legally binding coordination mechanism. However, resolutions are not legally binding and are subject to change particularly when members of the elected body change. Memorandum of Understanding (MOU) is an effective way to clearly document the role of each agency in helping to implement a plan. An MOU sets forth goals, objectives, actions, deadlines and funding responsibilities This is not a contract to perform; it is merely a mutual understanding concurrence of what needs to be done, and should be followed up with an contract or agreement for implementation. Policies are general guiding principles by which agency affairs are managed. In simple terms, policies provide direct i on regarding how to accomplish goals Every agency, public and private, has policies that dictate the course of action. At the very least, there should be a policy that requires every permit application to be reviewed to determine if the property is within the mapped transit district. If so, the transit agency would be involved in the review process. IDEAS FOR COORDINATION Below are a couple of ideas for fostering coordination between transit and growth management. The first is a relatively simple process that could prove to be very effective, depending upon the leadership and membership of the group. The second is more difficult, requiring legislative action. Transit Coalitions Transit coalitions are becoming popular all over the country (Wisconsin California, Pennsylvania, Washington, Virginia, Florida, and Kansas, to name a few}. A coalition is a collection of groups joined together for a common purpose, directly or indirectly serving the particular and varying interests of each group2 Transit coalitions serve as an advocacy group and can assist in lobbying efforts. They are usually well organized and can assist in: promoting transit at the federal, state, and local levels marketing new services and programs (such as the federal commuter benefit} increasing awareness of transit's role in welfare reform 23


getting more financial support being an important voice in linking transit with growth management The American Public Transportation Association (APTA) promotes local transit coalitions by offering grants of up to $5,000, to be used for public information, advocacy efforts, and/or activities associated with forming a coalition. APTA also serves as an informat io n clearinghouse to assist those desiring to form a transit coalition. Joint Exercise of Powers A central challenge of coordinating transit is the separation of authority over transit, transportation, and development issues. One solution is to consolidate authority under a single entity. In 1g49, the California legislature enacted a statute called the Joint Exercise of Powers Act for that purpose The Act enables two or more agencies to combine powers under a joint authority. The resulting author ity has access to any of the powers of the representative agencies. Therefore an authority established to manage regional transit could become a special purpose public entity with the powers of transit, transportat ion and land use planning, implementation, and operations. This type of authority offers powers to local public and private entities, independence and a high degree of permanence. A written agreement governs operations and specifies the terms and conditions for decision-making. (A few other states that have adopted similar laws enabling joint exercise of powers are Minnesota, Oregon and Arizona.) Florida allows joint exercise of powers under a joint planning agreem ent, for the purpose of growth management planning (See Opportunities for Coordination, Local Options, above, and 3171, F.S.) This could be beneficial for binding transit and local governments together but would only work if the transit agency is part of the local government, and not under a separate authority. A joint exercise of powers law as ind icated above, would allow any and all public agencies to joint together for one purpose This might result in an authority made up of representatives from FDOT, the local transit agency, local govern ments and state programs or agencies (such as Welfare-to-Work, Commission for the Transportation Disadvantaged, Department of Child ren and Families, etc ) Thi s would be a powerf u l tool toward sincere coordination. 24


REVISIONS TO CHAPTER 163, F.S . Changes could be made in Chapter 163, F.S. that would further encourage coordination between transit and local goyernment(s). Incorporating "transit" or "t ransit agency," where applicable, recognizes that aspect of growth management which may otherwise be forgotten. Specific mention of transit would also require loca l governments to address same, and would require the Department of Community Affai rs (DCA) to review plans and regulations for transit considerations In the intergovernmental coordination element, .3177(6)(h) F.S. the phrase "school boards and other units of local government providing services but not having regulatory authority over the use of land" brings to mind public facilities such as water, sewer, electric and roads. Transit may not even be considered in this element. The following additions could be made (additions indicated in italics): 1. An intergovernmental coordination element showing ... guidelines to be used in the accomp lishment of coordination of the adopted comprehen sive plan with the plans of school boards transit agencies, and other units of local governments providing services but not having regulatory authority over the use of la nd .... 2. The intergovernmental coordination element shall further state principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards, transit agencies, and other units of local government providing facilities and services but not having regulatory authority of the use of land Just as public schools are addressed separately under intergovernmental coordination ( .3177(6)(h)1 and 2 F .S. ) and as a required element of the comprehensive plan (.3177(12), F .S.), transit agencies should be included in the intergo vernmental coordination element, as the transportation and mass transit elements (.3177(5)(i) and (j) F .S. ) do not address coordination 25


163, F.S. recognizes and encourages the'use of"innovative planning and levelopment strategies. Section 163.3177(11)(b), F.S. acknowledges innovation with egard to "a planning process which allows for land use efficiencies within ex isting Jrban areas." Again, as a reminder to both the local government and the DCA, the 'allowing addition could be made (indicated in ita l ics): ... creative land use planning techniques, which may i nc l ude but not be limited to, urban villages, new towns, transit development districts, satellite communities .... I n the same way, transit could be specifically mentioned in Section 163.3202, F.S., Land Development Regulations, subparagraph (3): ... i nnovat ive land development regulations which include provisions such as transfer of development rights, transit overlay districts, incentive and exclusionary zoning, .... Transit could a l so be incorporated as a required provision of land development r egulations where applicable. This would assist in protecting the affected transi t system from development conflicts. Possible language might include a new subparagraph to Section 163.3202(2), F.S.: (i) Ensure accommodations for transit and transit accessibility, where applicable. As mentioned previously, another way to encourage coordination under Florida's Growth Management Act would be to approve law that authorizes joint exercise of powers, or by expanding the powers for joint agreements (.3171, F.S.}. (See discussion under Innovative Means for Coordination, above.} CONCLUSION With so many groups and agencies influenc ing the growth management process and the practical problems that arise, coordination is a continuing challenge. No single method is sufficient enough to fulfill coordination goals. It requires a combination of methods, each serving a separate function in the process. However, the greatest 26


there may be pages m1ss1ng


Download Options

Choose Size
Choose file type
Cite this item close


Cras ut cursus ante, a fringilla nunc. Mauris lorem nunc, cursus sit amet enim ac, vehicula vestibulum mi. Mauris viverra nisl vel enim faucibus porta. Praesent sit amet ornare diam, non finibus nulla.


Cras efficitur magna et sapien varius, luctus ullamcorper dolor convallis. Orci varius natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Fusce sit amet justo ut erat laoreet congue sed a ante.


Phasellus ornare in augue eu imperdiet. Donec malesuada sapien ante, at vehicula orci tempor molestie. Proin vitae urna elit. Pellentesque vitae nisi et diam euismod malesuada aliquet non erat.


Nunc fringilla dolor ut dictum placerat. Proin ac neque rutrum, consectetur ligula id, laoreet ligula. Nulla lorem massa, consectetur vitae consequat in, lobortis at dolor. Nunc sed leo odio.