[Session #1-The Community Building Process *A portion of this video is without audio.*]
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OH, I'M NOT GOING TO FEED YOU ANY PARTICULAR [INAUDIBLE].
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BUT ITS LIKELIHOOD.[00:10:14]
WE'LL TALK ABOUT HIS VISION.MINING ENERGY. [INAUDIBLE] A STATE LAW REGARDING RECOMMENDING BODY.
ANY QUESTIONS YOU MIGHT HAVE A.
WHY DO WE PLAN? [INAUDIBLE] BLUEPRINT.
NOW, I'M NOT GOING TO GO THROUGH.
PLANNING REALLY BIG NATIONAL PICTURE.
POLICY. EVEN IN THE ENVIRONMENTAL AND.
THAT'S NOT A GOOD THING WE NEED TO.
UP. NINETEEN SEVENTY FIVE, THEY PASSED THE LOCAL GOVERNMENT, ANY ACT.
EVENTUALLY. GOOD THOUGHT, BUT DID NOT HAVE SO.
THAT LED TO THE LOCAL GOVERNMENT.
NINETEEN EIGHTY FIVE, THAT'S AFTER ONE SIXTY THREE.
PRIMARY. OH, AND THAT WENT THROUGH SEVERAL VARIATIONS. 2011 QUANTIFIED.
ESSENCE, THE COMMUNITY PLANNING ACT SAYS YOU HAVE TO PLAN.
THANK YOU. A VERY BROAD PERSPECTIVE.
FIRST, FLORIDA GOING WELL IN 2020, THE CENSUS SAID WE HAD.
STUDY DONE A NUMBER OF YEARS AGO, PROJECTIONS WERE DONE BY THE UNIVERSITY OF FLORIDA AND THE FRIENDS OF FLORIDA MAKE PROJECTIONS FOR 50 YEARS.
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THAT STUDY SUGGESTED.THAT WE WOULD HAVE TEN PEOPLE.
BUT IT'S GOING TO BE AN INTERESTING PLACE WHEN IT HAS 34 MILLION.
EIGHT MILLION. I DIDN'T PUT THE SLIDE UP, BUT I HAVE ANOTHER ONE THAT HAS THE NUMBER OF 100. ANYBODY HAVE ANY IDEA WHAT THAT WOULD BE? AND NOW A YEAR, ONE HUNDRED MILLION.
WELL, I WON'T, I WON'T. WELL, I HAVE ANOTHER SLIDE THAT I DIDN'T SHOW, BUT I.
BUT WITH. WELL, LET ME THAT EVERYBODY.
IF ALL THE COMPREHENSIVE PLANS IN FLORIDA AND BY ANY EXISTENCE.
THEY PRESENTLY EXIST, IMPLEMENTED TO THE FULL EXTENT, MADE A HUNDRED MILLION.
ALL YOU TOOK, ALL THOSE COMPREHENSIVE PLANS.
I DON'T HAVE TO WORRY ABOUT THAT, YOU KNOW, BUT.
BUT BUT THIS NUMBER THAT YOU SEE HERE WAS MADE THROUGH VERY EXTENSIVE ANALYSIS OF GROWTH PATTERNS AND SO FORTH.
BUT IT'S DATED NOW, AND WE'RE GOING TO BE INTERESTING TO SEE WHAT IT WILL LOOK LIKE WHEN IT IS UPDATED. USING 20 NUMBER, IT WAS BASED ON THE.
I'M GOING TO BE INTERESTED MYSELF OF WHAT THAT THIRTY FOUR MILLION OR WHETHER IT'S SOMETHING. THAT WOULD MEAN SOMETHING LIKE, YES.
SO THE QUESTION THAT WE'RE TALKING ABOUT HERE IS HOW DO YOU BUILD A COMMUNITY THAT YOU CAN LIVE IN? UM.
REMEMBER THAT BUILDING? SO I WANT TO SHARE WITH YOU WHAT WE THINK THE ELEMENTS OF SUCCESS OF ANY GOOD PLANNING PROGRAM ARE, THIS IS NOT DETAILED.
THIS IS BASICALLY ONE OF THE CHARACTERISTICS.
WHAT ARE THE ELEMENTS OF? FIRST, ONE OF THOSE IS TO BEGIN WITH THE PUBLIC.
GETTING FOLKS TO TALK ABOUT COMPREHENSIVE PLANS IS HARD.
THEY LOVE TO TALK ABOUT ZONING CASES AND IT'S TOO LATE.
IN WITH THE PUBLIC, I'LL PUT IT, LET YOU DIGEST THIS ONE A LITTLE BIT.
THIS IS NOT EXACTLY WHAT WE MEAN.
OH. OH, YES, THAT'S THAT'S A PHOTOGRAPH I TOOK IN SOUTH CAROLINA.
ALL YEAR. INSTEAD, WE'RE TALKING ABOUT LISTENING.
HELP ME, I FORGET, SHOW ME, I REMEMBER, INVOLVE ME, I UNDERSTAND.
THIS IS AN INTERACTION TO BE EFFECTIVE, IT'S NOT SIMPLY WINDOW DRESSING AND CLARIFIES VALUES AND ATTITUDES, EXPRESSES OPINIONS, CREATES PROPOSALS.
ALL THAT SOUNDS VERY HARD TO DO, BUT THAT'S WHAT.
OUR HEART AND SOUL OF THE COMPREHENSIVE PLAN, I'M NOT GOING TO READ ALL OF THE LITTLE BOXES TO YOU, BUT IDEAS GENERATED BY CITIZENS CAN SHAPE THE PROCESS.
BOLTON BY. YOU WILL SEE AS WE TALK ABOUT TALK THROUGH THIS, CITIZEN PARTICIPATION IS BUILT INTO AREAS ASSESSING DECISION MAKING TO BOTH MANDATED AS WELL AS SIMPLY RECOGNIZED AS AN IMPORTANT. YEAH.
OH, YES, WE'LL TALK MUCH MORE ABOUT.
IT'S INTERESTING TO NOTE THAT THAT THE STATE PLANNING ACT, COMMUNITY PLANNING ACT DOES NOT REQUIRE YOU TO STATE A VISION.
IT ALLOWS THAT AND ENCOURAGES IT, BUT IT DOESN'T REQUIRE IT, I DON'T NEVER UNDERSTOOD THAT OMISSION.
BECAUSE THE STATEMENT OF EVASION IS I'M NOT TALKING ABOUT WHAT HE PAGED.
PREVIOUS, WE'RE TALKING ABOUT A ISD.
WHAT YOU WON'T SEE IS SO ESTABLISHING THAT VISION IS VERY IMPORTANT, WHETHER OR NOT YOU HAVE TO BUILD IT INTO YOUR COMPREHENSIVE PLAN EXACTLY THE WAY NOTHING PREVENTS YOU FROM DOING THAT. IT'S SOMETHING I STRONGLY RECOMMEND THAT YOU ALWAYS TAKE.
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VISION IS A COMMUNITY BASED STRATEGIC PLANNING EFFORT WHERE CITIZENS AND LEADERS WORK TOGETHER TO IDENTIFY SHARED GOALS THAT ENCOMPASS ALL ASPECTS OF COMMUNITY LIFE.THE LITTLE DIAGRAM THERE IS ORANGE COUNTY ORLANDO AREA SOME BIG.
BE PROACTIVE, PLANNING IS ABOUT BEING PROACTIVE, IT'S NOT INTENDED TO BE A REACTIVE TYPE OF PLANNING PROCESS.
IT MUST BE PROACTIVE AND IT SHOULD SEEK SUSTAINABLE OUTCOMES.
THE ART OF PROGRESS IS TO PRESERVE ORDER AMID CHANGE IN.
EXAMPLES OF THINGS THAT YOU MIGHT VIEW AS BEING PROACTIVE, ENGAGING IN THE COMMUNITY TO IDENTIFY GOALS.
MAYBE YOU WANT TO ENGAGE IN SOME STRATEGIC PLANNING THAT'S GENERALLY IDENTIFICATION OF STRENGTHS AND WEAKNESSES, OPPORTUNITIES AND.
LOOKING FOR WAYS TO INTEGRATE, INCLUDING ACCESS TO JOBS, HOUSING, SO.
FIND A BALANCE BETWEEN COMPETING INTERESTS.
VISIONARY AND REALISTIC, RECOGNIZE THAT YOUR INFRASTRUCTURE NEEDS WILL BE CRITICAL AS YOU BUILD YOUR COMMUNITY AND MORE THAN A RESPONSE TO A CHECKLIST, DON'T BE WAITING FOR THE NEXT DEVELOPMENT. BUT EXAMPLE, ALTHOUGH YOU'RE NOT RIGHT ON THE COAST, BUT YOU ARE.
IF WE'RE NOT TALKING ABOUT THE EFFECTS OF SEA LEVEL RISE, NOT BEING VERY PROACTIVE IN PLANNING A SIMPLE EXAMPLE OF BEING UNDERSTANDING WHAT THE ISSUES MAY BE AS WE MOVE FORWARD INSTEAD OF SIMPLY REACTING TO THEM.
YOU WILL HEAR THROUGHOUT MY PRESENTATION THIS EMPHASIS ON CONSISTENT.
YOU'RE GOING TO GET MUCH MORE LIKELY TO GIVE YOU A VISION IF YOU HAVE CONSISTENT IN THE APPLICATION OF YOUR POLICIES.
EVERY DECISION IS IMPORTANT AND WILL AFFECT THE COMMUNITY FOR A LONG TIME.
BUILDING, YOU'RE BUILDING A COMMUNITY.
EACH PLANNING DECISION SHOULD BE WEIGHED AGAINST THE VISION.
SYSTEM, SOUND INFORMATION AND THOROUGH ANALYSIS AND BE CONSISTENT IN.
YEAH. WELL, I WILL DWELL ON THAT A LOT IN THE DISCUSSION, BUT BUT MY POINT HERE IS THAT.
WHEN SOMEONE A DEVELOPER APPLICANT ENTERS THE PROCESS, THEY OUGHT TO BE ABLE TO WITH GOOD ADVICE FROM.
KNOW WHAT THE ANSWER IS GOING TO BE.
CAUSE IT'S RIGHT THERE IN YOUR CODES AND YOUR POLICIES.
AND IF YOU ARE PREDICTABLE AND CONSISTENT IN.
THEN THE GAME IS GOING TO BE MUCH MORE.
VERY MUCH AS A PART OF THE DECISION MAKING.
MAKE IT EASY TO DO THE RIGHT THING.
THE LITTLE DIAGRAM, IF YOU SEE UP ON THE RIGHT SIDE AT THE TOP.
SCRIPT DEVELOPMENT 100 PERCENT LEGAL IN ALMOST EVERY COMMUNITY AND MAIN STREET THAT YOU SAW THERE FOR MANY YEARS WAS NOT LEGAL.
WHY? BECAUSE YOU HAD TO HAVE THE PARKING AND YOU HAD TO PUT THE PARKING OUT FRONT AND YOU HAD ALLOWED YOU TO BUILD THE THING YOU DIDN'T WANT.
AND NOT BUILD THE THING YOU DID NOW, WE'VE CHANGED A LOT OF THAT.
THE DOWNTOWN MAIN STREET IS MUCH MORE ACCEPTABLE NOW AND PROTECTED IN OUR PROCESSES.
AND WHAT WAS INTERESTING IS WHEN A PROPOSAL WAS MADE TO DO SOMETHING LIKE THE EXAMPLE I GAVE YOU THERE, IT HAD TO GO THROUGH A VERY EXTENSIVE REVIEW PROCESS.
IN REALITY, IF YOU WANT THE DEVELOPER TO DO THAT, YOU NEED TO MAKE IT EASY TO GET THE REVIEW DONE. VERY.
EXPAND ON THAT, MAKE IT EASY FOR DEVELOPERS TO DO THE RIGHT THING, PRIVATE INVESTMENT FOLLOWS A PATH OF LEAST RESISTANCE.
DESPITE GOOD INTENTIONS, THERE WILL BE NEGATIVELY AFFECTED, AFFECTED BY UNCERTAINTY, EXCESSIVE APPROVAL REQUIREMENTS.
USE ADMINISTRATIVE APPROVAL PROCEDURES AND CLEAR AND ADMINISTRATIVE UNDERSTANDABLE CODE AND PRACTICE. TO LET THE STAFF APPROVE MANY OF THESE SITE PLANS.
I'M NOT WHERE THERE IS DISCRETION INVOLVED, YOU NEED TO BE SEEING IT.
BUT MANY OF THE I WAS WHEN I WAS PLANNING DIRECTOR IN OUR COUNTY GIVE YOU AN EXAMPLE.
OUR BOARD WOULD SEE ABOUT 400 ITEMS A YEAR.
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WE PROCESSED 20000 APPLICATIONS OF SOME KIND.THEY WORK APPROVAL BECAUSE THEY COMPLIED WITH THOSE IN REGULATIONS, AND THAT'S TO GIVE YOU SOME SENSE OF.
A SMALL NUMBER WILL ACTUALLY NEED DISCRETIONARY OR SHOULD NEED DISCRETION, DISCRETIONARY ACTION IF YOUR SYSTEMS ARE SET UP SO THEY ARE PREDICTABLE, HAVE GOOD REGULATIONS.
NOW YOU ARE A COMMUNITY OF 70000 PEOPLE.
YOU HAVE IT'S VERY OBVIOUS THAT THIS IS A VERY PROFESSIONAL, WELL-RUN COMMUNITY, AND MANY OF THE PEOPLE HERE OR THERE.
YOU'RE GOING TO HAVE A LOT THAT YOU HAVE THE INGREDIENTS TO DO ALL OF THESE THINGS.
AND MY MOTIVE HERE MOSTLY IS SIMPLY EMPHASIZE CAPACITY AND WHY THAT'S IMPORTANT.
BUT THOSE ARE THE PRINCIPLES THAT WE THINK THAT ANY COMMUNITY WOULD HAVE GOOD PLANNING PRINCIPLES. DON'T WANT ANY COMMENTS OR QUESTIONS ABOUT THAT GENERAL OVERVIEW.
AND I THINK WOULD REPRESENT THE PLANNING PROFESSION'S VIEW OF THIS.
OK, THE COMMUNITY BUILDING PROCESS IN.
THIS IS MY LITTLE DIAGRAM OF A SYMPHONY.
MAY BE HARD FOR YOU TO RELATE WHAT WE DO IN PLANNING AND GROWTH MANAGEMENT AS A SYMPHONY.
THINK ABOUT IT, IT ACTUALLY MAKES SOME SENSE.
AH PEOPLE [INAUDIBLE] YOU HAVE TO HAVE A SCRIPT.
I HAVE TO HAVE A SHEET OF MUSIC.
WHAT'S THAT? THAT'S YOUR COMPREHENSIVE PLAN, YOUR [INAUDIBLE] AND YOU NEED YOU NEED MUSICIANS IN THIS CASE, PROFESSIONALS AND SO FORTH, AND INSTRUMENTS WHO HELP YOU CARRY THAT OUT. AND SO IF YOU THINK ABOUT THIS SYSTEM, WE.
ARE. THE ELEMENTS ARE THERE, HAVE THE DECISION MAKERS, YOU FOLKS.
OH, YOUR COUNTERPARTS IN OTHER COMMUNITIES.
A COMPREHENSIVE PLAN, WHICH IS THE SHEET OF MUSIC AND THE [INAUDIBLE] AND TOOLS LIKE YOUR YOUR [INAUDIBLE].
I THINK IT'S A GOOD ANALOGY, EVEN THOUGH IT'S A BIT OF.
[INAUDIBLE] HAS WHAT WE CALL A TOP DOWN PLANNING SYSTEM.
IT BUILDS ON CONSISTENCY BETWEEN ACTIONS AND PLANS AND SO FORTH AT THE STATE LEVEL, AT THE REGIONAL LEVEL AND CARRIED OUT AT THE LOCAL.
THIS ONE IS A LITTLE BIT HARD TO READ, BUT JUST ESSENTIALLY I'LL HANDLE THIS.
AH. THE STATE LEVEL INVOLVES A NUMBER OF STATE AGENCIES HOW TO GET AT THERE, AT THE REGIONAL LEVEL, WE HAVE A NUMBER OF REGIONAL ENTITIES IN TRANSPORTATION DEPARTMENT AND GENERAL PLANNING AND AT THE LOCAL LEVEL, YOU FOLKS, AS WELL AS A LOT OF STAKEHOLDERS, STAFF. AT THE STATE LEVEL, THE GOVERNOR AND CABINET IS SITS AT THE TOP OF THAT DEPARTMENT OF STATE DEVELOPMENT ECONOMIC OPPORTUNITY IS THE PRIMARY AGENCY THAT MONITORS COMPREHENSIVE PLAN IMPLEMENTS.
BUT YOU HAVE A SIGNIFICANT INVOLVEMENT BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION DEPARTMENT, TRANSPORTATION, EDUCATION, FISH WILDLIFE CONSERVATION, DEPARTMENT OF AGRICULTURE AND INTEREST GROUPS.
YOU ARE REQUIRED TO BE CONSISTENT WITH THOSE.
AND THEY, IN TURN, HAVE AN OPPORTUNITY TO COMMENT ON YOUR PLANS TO THE EXTENT THAT THEY AFFECT THEIR POLICIES.
DEPARTMENT OF TRANSPORTATION CANNOT COMMENT AT MY TRIAL AND USE POLICIES, BUT THEN COMMENT ABOUT HOW YOU'RE TREATING ROADWAYS AND.
AT THE REGIONAL LEVEL, WE HAVE 10 REGIONAL PLANNING COUNCILS, FIVE WATER MANAGEMENT DISTRICTS, SEVEN DEPARTMENTS OF TRANSPORTATION DISTRICTS AND 27 METROPOLITAN PLANNING ORGANIZATIONS. THESE ARE TRANSPORTATION PLANNING ORGANIZATIONS.
WELL, GENERALLY, COUNTY LEVEL ALL JURISDICTIONS IN THE STATE ARE NOT COVERED BY ARE NOT IN AN MPO, YOU ARE.
BUT SO AT THE REGIONAL LEVEL, THESE ARE THE ENTITIES THAT YOU MUST SHOW CONSISTENCY WITH AND THEY WILL REVIEW YOUR.
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ANY CHANGES THAT YOU MAKE IN YOUR COMPREHENSIVE PLAN FOR CONSISTENCY WITH POLICIES THAT THEY. AND THEN AT THE LOCAL LEVEL, YOU'VE GOT ALL SORTS OF FOLKS, CITIZENS, HOMEOWNERS, PROPERTY OWNERS, ET CETERA.BUT ON THE PUBLIC SIDE, THE LOCAL PLANNING AGENCY, WHICH NOTED A MOMENT AGO, IS THE FOLKS THAT SIT ON THE PLANNING BOARD, OTHER APPOINTED BOARDS AND COMMITTEES YOU HAVE THE SCHOOL DISTRICT PROFESSIONALS AND ELECTED LEADERS WILL GET INTO ASKING.
IT'S ALL SORT OF FITS TOGETHER THIS LITTLE DIAGRAM, YOU SEE THAT [INAUDIBLE] THE LOCAL COMPREHENSIVE PLAN IS WHAT FLORIDA IS COUNTING ON, CARRY OUT THIS, ALL OF THESE PLANNING [INAUDIBLE]. WHAT TIES THESE ARE GETTING TOGETHER IS THIS CONCEPT OF CONSISTENCY, BOTH VERTICALLY, HORIZONTALLY, IN OTHER WORDS, NOT ONLY WITH THE STATE AND REGIONAL AGENCIES, BUT ALSO WITH YOUR NEIGHBORS.
YOU THEN IMPLEMENT, THOUGH, THAT LOCAL COMPREHENSIVE PLAN THROUGH THE USE OF PRIMARILY LAND DEVELOPMENT REGULATIONS.
VERY IMPORTANT WITH THAT, A CAPITAL IMPROVEMENT PROGRAM AND THEN A VARIETY OF OTHER PROGRAMS ARE ISSUES THAT YOU MIGHT UTILIZED, PRIMARY ONE THAT YOU SEE AND THAT YOU INTERACT WITH AND IT'S TRUE OF EVERY LOCAL, IS YOUR LAND.
BUT THAT BIG GREEN CIRCLE IS INTENDED TO INDICATE THAT THE RESPONSIBILITY FOR CARRYING OUT WHATEVER WE'RE TRYING TO DO IN FINDING GROWTH MANAGEMENT WILL BE VESTED IN LOCAL GOVERNMENT. [INAUDIBLE] WHAT'S THE PLANNING PROCESS ALL ABOUT, WHERE ARE WE NOW? WHERE ARE WE GOING? WHAT DO YOU WANT TO BE, HOW YOU'RE GOING TO GET THERE? HOW ARE WE DOING? OUT.
MOST OF WHAT YOU SEE WHERE YOU GET INTO MOST ISSUES, THE WAY THE CONFERENCE IS PLAYING REVOLVE AROUND YOUR CODE.
SO THAT'S WHERE I'M GOING TO PLACE MOST OF THIS EMPHASIS.
WE'LL HAVE SOME DISCUSSION, A FEW OF THE OTHER THINGS.
THIS LITTLE DIAGRAM IS INTENDED TO SHOW YOU HOW THE COMPREHENSIVE PLAN RELATES TO PLANNED DEVELOPMENT. YOU KNOW, WHEN I SAID THAT WE FIRST STARTED THIS BACK IN 2003, WE WERE WE WERE TALKING ABOUT HOW THAT ALL THAT OLD STATE RULES.
TALK A LITTLE BIT ABOUT THAT BOARD, BUT WHAT WAS REALLY IMPORTANT.
HOW DOES IT WORK HERE? THAT PRIMARILY WHERE YOU INTERACT WITH IT MOST IS THE LAND DEVELOPMENT.
BUT THE COMPREHENSIVE PLAN SETS UP CREATES THE FRAMEWORK FOR THIS.
AS YOU'LL SEE IN IT, WE GO THROUGH THIS THE EVERY ACTION YOU TAKE MUST BE CONSISTENT WITH THE COMPREHENSIVE PLAN.
IT CAN BE CHALLENGED IF IT'S NOT CONSISTENT WITH.
OH, NOW THE LAND DEVELOPMENT CODE TYPICALLY INVOLVES A ZONING MAP, A LAND USE REGULATION.
WE'LL. AND THAT IN TURN, AND THAT'S ESSENTIALLY HOW CAN LAND BE USED AND GENERALLY THE DENSITY WILL GET INTO DETAIL.
BUT AS DEVELOPMENT TAKES PLACE, YOU MOVE INTO A DEVELOPMENT REVIEW STATUS IN YOUR CASE, YOU'RE TALKING A LOT, PROBABLY LARGELY ABOUT [INAUDIBLE] IN SAY, IN COUNTIES AND SO FORTH, WHERE YOU HAVE A LOT OF VACANT LAND DIFFERENT KIND OF PROCESS, BUT BUT THE TWO PRIMARY INVOLVEMENTS, THERE ARE SITE PLANS.
HOW'S THE SHOPPING CENTER? AND SUBDIVISION REGULATION AND THESE ARE ALL PART OF AN ACTUAL DEVELOPMENT PROCESS.
AND IN THE SAME TIME, YOU DEAL WITH THE ISSUES OF CONCURRENCY THAT'S ADEQUATE FACILITIES.
CONCURRENCY MEANS THAT YOU HAVE FACILITIES CURRENT WITH IMPACT REALLY BY THE.
AND YOU MAY HAVE THINGS LIKE OF THAT DEVELOPMENT AGREEMENTS.
THAT'S THE PART OF THIS PROCESS THAT YOU FOLKS DEAL WITH.
ELECTED BODY, THE APPOINTED BODIES ARE PLANNING.
YOU HAND IT OFF AT THAT POINT TO HORIZONTAL CONSTRUCTION, TYPICALLY TECHNICAL SPECIFICATIONS THAT YOUR ENGINEERS AND OTHERS APPLY AND YOUR BUILDING CODE.
NOW THOSE ARE IMPORTANT CODES, BUT THEY TYPICALLY OPERATE ON THEIR OWN, ESSENTIALLY TO APPLY TO CONSTRUCTION PLAN OR A BUILDING PERMIT.
WELL, ESSENTIALLY, YOU HAVE THIS COMPREHENSIVE PLAN THAT SETS THE STAGE, GOT THIS PROCESS IN THE LAND OF [INAUDIBLE] CODE THAT YOU FOLKS ARE.
AND BY THE WAY, I DIDN'T KNOW, BUT YOU CAN SEE THERE ARE A LOT OF OTHER AGENCIES PLAY A PART IN THAT. THE MPO, THE FLORIDA DEPARTMENT OF TRANSPORTATION, THE WATER MANAGEMENT IS
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IN THE SCHOOL DISTRICT, ADJOINING JURISDICTION AND OTHERS THAT MAY PLAY A ROLE IN THAT PROCESS AS YOU AS IT OCCURS, DEPENDING ON WHAT THE PARTICULAR ISSUE IS AND HOW YOUR CODES ARE DRAFTED.WE'LL BE, BUT I'M GOING TO BE THEN TALKING ABOUT HERE IS HOW THAT THIS PROCESS WORKS AND WHAT THESE. A LEGAL STATUS OF THE COMPREHENSIVE PLAN.
VERY IMPORTANT, THIS IS UNDERSTOOD THE COMP PLAN IS KING.
IN PINE LAKES VILLAGE VERSUS SHIDEL, THAT'S OVER IN I THINK MARTIN, THAT'S MARTIN COUNTY.
THE APPELLATE COURT, THIS WAS BACK IN THE 90S, APPELLATE COURT RULED THAT A TRIAL JUDGE COULD ORDER THE COMPLETE DEMOLITION AND REMOVAL OF SEVERAL MULTIFAMILY BUILDINGS BECAUSE THE DEVELOPMENT WAS IN. THEY ACTUALLY TORE THESE BUILDINGS.
BEFORE THAT HAPPENED, PLANNING WORLD SAID, NAH IT'LL NEVER DO THAT, SUPREME STATE SUPREME COURT IN EFFECT SAID, OH YES, WE WILL.
SO THEREFORE, MY POINT IS IT'S NOT AS IF THIS IS JUST SOME NICE HOT AIR.
THIS DEPENDS ON HOW YOU DRAFT YOUR PART OF HOW YOU DRAFT YOUR PLANS AND HOW YOU APPLY THEM. BUT ESSENTIALLY THE THAT REQUIRES THAT EVERYTHING IS.
NOW, IT'S ALSO NOT THE INTENT OF THE PLAN TO BE REGULATORY, ALTHOUGH MOST OF THEM ARE.
THAT'S A FINE LINE BETWEEN THE REGULATION THAT WHAT SHOULD BE IN THE PLAN IS A GENERAL PLAN CONCEPT AND WHAT SHOULD BE LEFT TO REGULATE.
BUT IT'S NOT THE INTENT TO REQUIRE THE IMPLEMENTING REGULATION IN THE COMPREHENSIVE PLAN, RATHER TO REQUIRE IDENTIFICATION OF PROGRAMS, ACTIVITIES AND DEVELOPMENT REGULATIONS THAT ARE PART OF A STRATEGY FOR IMPLEMENTING AND THE PRINCIPLES AND PROGRAMS ACTIVITIES REGULATIONS. HOW THEY WILL BE CARRIED OUT.
ARE. THE EXAMPLE OF WHAT I'M TALKING ABOUT, THOUGH, YOU MIGHT HAVE A.
YOU IT'S CUSTOMARY THAT ANY ZONING REGULATIONS FOR RESIDENTIAL COMMERCIAL WOULD HAVE IN THE ZONING ORDER A HEIGHT REQUIREMENT, BUT IT MIGHT BE 35 FEET IN RESIDENTIAL, MIGHT BE SIX STORIES IN COMMERCIAL OR IN MULTIFAMILY, ET CETERA.
BUT IF YOU DECIDED THAT WE DON'T WANT ANY BUILDING IN OUR COMMUNITY TO BE TALLER THAN 35 FEET, THAT'S A COMP PLAN ISSUE.
THAT SOUNDS LIKE A REGULATION.
IF YOU'RE IN EFFECT, SAY, LOOK, WE AS A COMMUNITY HAVE MADE A DECISION THAT WE DON'T WANT ANY BUILDINGS ABOVE.
THAT DOESN'T MEAN THAT YOUR CODE COULDN'T HAVE A LOWER NUMBER THAN EVER, HAVE A HIGHER NUMBER. THAT'S ONE OF THOSE TOUGH DECISIONS WE GET INTO THOSE KINDS OF THINGS.
WHAT OUGHT TO BE IN THE PLAN? BUT OUGHT TO, WHAT YOU LEAVE TO THE CODE TO.
BUT YOU CAN'T DO THAT. PLAN INFORMS, EMPOWERS AND DIRECTS, DOES NOT REGULATE UNEMPLOYMENT. NOBODY COMES IN AND SAYS A LOT CAN HAPPEN.
THE FORMAT IS ACTUALLY AT THE DISCRETION OF THE LOCAL GOVERNMENT NOW, MOST OF THEM WILL FOLLOW THE SET OF ELEMENTS.
YOU DON'T HAVE TO DO THAT IF YOU COVER INFORMATION, STATE LAW SAYS YOU HAVE TO HAVE.
YOU HAVE TO DO CERTAIN THINGS FOR UTILITIES.
YOU DON'T HAVE TO DO THAT IN AN ENVIRONMENTAL ELEMENT.
YOU COULD. IMPRESSION OF THE PLAN IS COMPREHENSIVE PLAN MUST BE LEGALLY DEFENSIBLE, PATIENT PATIENT-FOCUSED. THAT'LL BE LEGALLY DEFENSIBLE, IMPLEMENTATION FOCUS SOMETIMES GETS SORT OF LOST IN THE PROCESS.
IT HAS TO DO WITH COMPREHENSIVE PLANNING IF A COMMUNITY DOES WHAT THEY CALL A SUB AREA PLAN. FOR EXAMPLE, IF THEY DO A PARTICULAR CORRIDOR AND IT'S SPECIFICALLY PLANNED FOR THAT CORRIDOR, LET'S SAY IT'S A COMMERCIAL AREA.
DOES THAT TAKE PRECEDENT OVER THE GENERAL PLAN? WELL, HOW DO THOSE TWO USUALLY RELATE? WE REFER HERE TO SELECT AREA PLAN.
WHICH COULD BE A NEIGHBORHOOD, COULD BE DOWNTOWN, WHATEVER.
THAT CAN CERTAINLY BE AND SHOULD BE, IN MOST CASES, BE IN THE COMPREHENSIVE PLAN, BUT PROBABLY ONLY PART OF IT.
YOU MIGHT HAVE A GENERAL PLAN THAT'S IN THE COMP PLAN AND YOU MAY THEN HAVE AN ORDINANCE THAT IMPLEMENTS THAT YOU MIGHT EVEN THEN HAVE SOMETHING OTHER IN BETWEEN THAT YOU WERE
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USING. IT MIGHT BE THE CONTACT WHAT WE WOULD CALL A STRATEGIC PLAN.WHAT THE KEY IS THAT SELECT THEIR PLAN CAN'T BE IN CONFLICT WITH THE OTHER PROVISIONS OF YOUR COMPREHENSIVE PLAN. IT GENERALLY AMPLIFIES.
OR SPECIFIC APPLICATION IN THAT PARTICULAR AREA.
IN A MOMENT, WE'LL TALK A LITTLE BIT ABOUT SECTOR PLANS, AND THEY HAVE A PORTION OF THOSE TYPICALLY OUGHT TO BE IN THE COMP PLAN THAT AUTHORIZES IT, EMPOWERS IT.
AND THEN YOU WILL GET MORE DETAIL THROUGH SOME OTHER [INAUDIBLE] AND.
THIS, FOR EXAMPLE, IS A LIST OF WHAT YOU MUST HAVE IN THE PLAN.
THE MANDATORY ELEMENTS YOU SEE ON THE RIGHT HAND OR LEFT HAND SIDE THERE AND THEN SOME [INAUDIBLE] OR OPTIONAL ELEMENTS THAT OFTEN SIMPLY HELP UNDERSTANDING WHAT THE PLAN.
FUTURE LAND USE, TRANSPORTATION, UTILITIES, POTABLE WATER, WASTEWATER STORM WATER MANAGEMENT, SOLID WASTE, HAVE TO HAVE A HOUSING ELEMENT, RECREATION, OPEN SPACE ELEMENT, CONSERVATION ELEMENT. AND IF YOU'RE IN A COASTAL COUNTY AS YOU ARE.
YOU HAVE TO HAVE A INTERGOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENTS.
YOU COULD HAVE OTHER ELEMENTS.
ECONOMIC DEVELOPMENT IS A GOOD EXAMPLE OF ALL OR NOT MANDATED IS A I RECOMMEND THOSE, AND HOW'S ECONOMIC DEVELOPMENT? WHAT'S ITS POSTURE IN? A COMMUNITY DESIGN, HISTORIC PRESERVATION.
IT USED TO HAVE A REQUIREMENT FOR PUBLIC SCHOOL FACILITIES, ELEMENTS THAT NO LONGER IS REQUIRED, BUT YOU STILL ADDRESS SCHOOL.
MIGHT HAVE A HEALTH SAFETY ELEMENT, ENERGY CONSERVATION.
THESE ARE SIMPLY OPTIONAL WAYS IN WHICH YOU CREATE OUR COMPREHENSIVE PLAN HAS TO BE IMPLEMENTATION FOCUSED.
WE'VE ALREADY SAID ONE OF THE PRIMARY RULES IS THE REGULATIONS AND REGULATIONS THEMSELVES, BUT YOUR TECHNICAL STANDARDS PLAY A ROLE IN THAT, TOO.
IN OTHER WORDS, HOW ARE YOU GOING TO DESIGN STORM WATER SYSTEMS. THAT'S NOT SOMETHING YOU NEED TO SEE THE REGULATION, BUT THE ENGINEERS NEED TO HAVE THAT AND THAT NEEDS TO BE COORDINATED WITH WATER MANAGEMENT DISTRICT AND OTHER CAPITAL INVESTMENT. YOUR CAPITAL IMPROVEMENT PROGRAM A REQUIRED ELEMENT OF YOUR PLAN, AND IT'S PART OF THE IMPLEMENTATION WHERE YOU'RE GOING TO SPEND MONEY.
SELECT AREA PLANS WHAT WE JUST TALKED ABOUT.
FUNCTIONAL PLANS, THIS IS WHAT OUR STRATEGIC PLANS, IN OTHER WORDS, A WASTEWATER MANAGEMENT PLAN. ARE A POTABLE WATER OR RECREATIONAL PLAN? THESE ARE FUNCTIONAL PLANS THAT YOU DON'T PUT IN THE COMP PLAN, BUT YOU EMPOWER THOSE AS THE MEANS BY WHICH YOU ARE GOING TO IMPLEMENT THE PLAN.
HILLSBOROUGH COUNTY, FOR EXAMPLE, HAS 17 WATERSHEDS.
THEY'VE DEVELOPED PLANS AT THE COST OF MILLIONS OF DOLLARS WITH WATER MANAGEMENT DISTRICT FOR THOSE 17 BASINS, THE COMPREHENSIVE PLAN THAT'S FAR BEYOND THE COMPREHENSIVE PLANS CAPABILITY. SO WE ESSENTIALLY IN HILLSBOROUGH COUNTY.
I'LL SHOW YOU THE EXAMPLE THAT.
BILL HILLSBOROUGH COUNTY ESSENTIALLY SAID WE'RE GOING TO EMPOWER THOSE PLANS AS A MEANS BY WHICH WE'RE GOING TO ADDRESS STORM WATER, WE'RE NOT GOING TO TRY TO DUPLICATE THAT IN THE COMPREHENSIVE PLAN. THAT'S A CONCEPT OF A FUNCTIONAL PLAN THAT'S EMPOWERED BY THE COMPREHENSIVE PLAN, BUT ALLOWED TO DO WHAT IT NEEDS TO BE DOING.
COORDINATION COLLABORATION WITH OTHER AGENCIES IS A VERY IMPORTANT TOOL AND FUNCTION IN THE PLAN AND CAN BE SPELLED OUT AND SO FORTH.
AND PUBLIC EDUCATION, EMERGENCY MANAGEMENT, HOW DO YOU? EDUCATE THE PUBLIC REGARDING THOSE KINDS OF.
OK, SO THE COMPREHENSIVE PLAN MUST HAVE SOME OF THESE THINGS AND CAN USE THESE VARIOUS TOOLS TO CREATE TO CARRY OUT.
NOW, THE PLAN MAY ALSO ADDRESS SOME SPECIAL PLANNING CONSIDERATIONS, THESE ARE ACTUALLY IDENTIFIED IN THE IN THE REGULATIONS, AND I'VE SIMPLY NOTED YOU.
YOU WILL SEE THAT THE REFERENCE TO CHAPTER 163 IN TERMS OF WHERE THEY ARE URBAN INFILL AND REDEVELOPMENT, THIS MAY BE A PARTICULAR LIKE TAMARAC.
AH INNOVATED PLANNING TOOLS LIKE VISIONING SECTOR PLANNING FULL LAND STEWARDSHIP, THAT'S PROBABLY NOT A PARTICULARLY HIGH TAMARAC.
URBAN SERVICE AREA DESIGNATION, URBAN GROWTH BOUNDARIES, MIXED USE AND SO-FORTH.
URBAN SPRAWL IS SPECIFICALLY ADDRESSED REGULATIONS AND AFTER AND THAT'S PROBABLY NOT ONE OF YOUR ISSUES HERE, BUT IT IS IN A LOT OF COMMUNITIES ACTUALLY DWELLING IN ITS WATER SUPPLY. SCHOOL COORDINATION, COASTAL MANAGEMENT AND CURRENCY ALL ARE TOPICS THAT ARE IDENTIFIED THAT ARE COMPREHENSIVE.
YOU HAVE TO LOOK AT THEM. THOSE.
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NOW, HOW DO YOU CONSTRUCT A COMPREHENSIVE PLAN? AND THIS IS MY RECOMMENDATION IN TERMS OF HOW YOU DO IT.AND I'VE USED IT IN A NUMBER OF TIMES, THEY'VE NEVER BEEN QUESTIONED BY OPPORTUNITY.
I DID A REDO FOR LONGBOAT KEY, WHICH IS ONE OF THE I LIVE IN SARASOTA, BY THE WAY.
BUT LONGBOAT KEY IS ONE OF OUR [INAUDIBLE], AND WE REDID THEIR COMPREHENSIVE PLAN SEVERAL YEARS AGO. ONE COMMENT BACK FROM ONE AGENCY.
STOP THE WATER SUPPLY PLAN FROM [INAUDIBLE] POLICIES.
SO WHAT I'M HEARING WITH YOU AND THIS IS ALSO A STRUCTURE THAT I BELIEVE FOR CANADA HELP FORM THEIR COMPREHENSIVE PLAN SEVERAL YEARS AGO.
SO WHAT I'M SHARING WITH YOU ARE APPROACHES THAT I USE AND GIVE YOU THE REASONS.
I HAVEN'T LOOKED AT YOUR PLAN ENOUGH TO KNOW EXACTLY TO WHAT EXTENT IT CONFORMS WITH THE WHAT I WANT TO SHARE WITH YOU, THOUGH, IS THE THOUGHT PROCESS, HOW YOU STRUCTURE PLAN, HOW YOU ACHIEVE THIS.
OH. AND STILL AND MEET THE LEGAL STANDARDS.
THE DIRECTIVES IN THE PLAN ARE THE LEGAL MEAT OF THE PLAN, THE GOALS, OBJECTIVES AND POLICIES. YOU WILL NOTICE THAT I'VE ADDED SOMETHING I CALL STRATEGY.
VALUES SIMILAR ACTIONS IN MOST PLANS, THOSE ARE IDENTIFIED AS POLICY.
IT'S NOT THAT THEY'RE NOT THERE, THEY'RE SIMPLY IDENTIFIED AS A POLICY RATHER THAN AN ACTION, AND YOU'LL SEE WHAT I'M TALKING.
THIS, THE TOP OF OUR YOU SEE CRITICAL FINDINGS, KEY ISSUES, EXPECTED OUTCOMES, THAT'S NOT A REQUIREMENT OF THE PLAN.
THAT'S SIMPLY A MEANS A WAY TO ADD INFORMATION TO THE PLANET, WHAT IS IT WE'RE TRYING TO DO? WHAT'S THE ISSUE? THAT'S THAT'S BASICALLY DATA.
WHERE ARE WE TRYING TO GO WITH THIS? AND THAT LEADS INTO THE DIRECT.
AND THAT'S THAT'S ALL A MATTER OF CHOICE IN TERMS OF DISCRETION.
THE GOAL THIS DEFINITION HAS NOT CHANGED IN WHAT I DO HERE.
I HAVE REALLY THE OTHERS EXCEPT FOR THE ACTUAL STRATEGY.
THE GOAL WAS THAT LONG TERM AS ALL YOU WANT TO PROVIDE AN ADEQUATE TRANSPORTATION.
THE OBJECTIVE SHOULD BE A PHYSICAL OUTCOME.
MEASURE. THEY NOT ALWAYS PHYSICAL OUTCOMES, YOU'RE GOING TO BUILD SOMETHING OR YOU'RE GOING. YOU SEE THE OBJECTIVE WHEN YOU CAN MEASURE IT ON THE AND IN THE CASE, I MENTIONED OIL, I GET YOU'LL SEE HOW THESE COME TOGETHER ON WATER.
POLICY IS A STANDARD OR INTENT OR DIRECTION OR RESORT TO ACHIEVE AN OBJECTIVE.
STRATEGY IS AN ACTION YOU'RE GOING TO TAKE TO IMPLEMENT.
REMEMBER THAT COMMENT I MADE ABOUT THAT THE PLAN IS NOT SUPPOSED TO BE REGULATORY.
STRATEGY IN EFFECT IS THE WAY WE ADDRESS THAT WE DIRECT.
OH, OR SOMETHING ELSE TO ADDRESS A POLICY AS OPPOSED TO ACTUALLY PUTTING THE REGULATION.
A TWO MINUTE. HERE'S THAT SAME INFORMATION IN A DIAGRAM.
WHAT THIS IS. AND TO SHOW YOU HERE'S ITS CRITICAL FINDINGS, KEY ISSUES, EXPECTED OUTCOME.
DIRECTIVES AGAIN, AS I SAID ARE THE MEAT, EVERY GOAL WOULD HAVE ONE OBJECTIVE, EVERY OBJECTIVE SHOULD HAVE AT LEAST ONE POLICY, EVERY POLICY SHOULD HAVE AT LEAST ONE.
NOW THEY HAVE USUALLY MORE THAN ONE OF THE PROBLEMS WE'VE SEEN WITH COMPREHENSIVE PLANS IS THAT, THEY'RE VERY WORDY.
OH, AND ONE OF THE REASONS FOR THAT IS AS THEY GENERALLY HAVE BEEN AMENDED OVER TIME WITHOUT ADHERENCE TO A STRUCTURE LIKE.
THOUGH EACH PILOT HAD TO STAND ON HIS OWN, I AMENDED THE PLAN AND IT WAS A CHANGE IN THE POLICY ACROSS TO UNDERLINE AND FOR THE STATE TO REVIEW IT, THEY SORT OF NEED TO SEE ALL OF THE PROVISIONS, ALL THE REASONS WHY THAT POLICY WAS THERE.
SO YOU TENDED TO GET. STRUCTURE HERE SAYS, NO, YOU GO, AND NO STRATEGY EXISTS OUTSIDE OF A POLICY STRATEGY.
[00:50:01]
[INAUDIBLE], SO IF I WAS DOING AMENDMENT OF THESE IN THIS STRUCTURE, I WOULD GIVE THEM THE GOAL OBJECTIVE. BECAUSE WHAT WE CHANGED.SO YOU CAN SEE HOW THEY RELATE TOGETHER, AND I'LL.
YES, THIS IS AN EXAMPLE, THIS IS FROM HILLSBOROUGH COUNTY.
PLAYING WORD, THIS IS NOT AN OUTLINE THIS ACTUAL.
YOU KNOW, AND I'M GOING TO SAY THIS WAS A STORM WATER MAN, THIS IS TALKING ABOUT DETENTION ON. GOAL HERE WAS TO BODY MANAGE THIS.
DON'T WE DON'T USE ANY EXTRA WORDS? I DON'T WANT TO USE ANY WORDS WE CAN'T DEFINE OR NOT DEFINED IN THE PROCESS.
IN THIS PARTICULAR CASE, WE SAID, WELL, IF YOU'RE GOING TO HAVE A MANAGED SYSTEM OF WATER INFRASTRUCTURE, WHAT WOULD BE YOUR OBJECTIVES? WHAT ARE THE PHYSICAL OUTCOMES? THE POSITIVE THING, DO YOU SEE? ONE OF THEM IS WE EMPOWERED THIS COMPREHENSIVE PLAN SYSTEM AND THERE WERE 17 OF THOSE AND THEY WERE THE THE TABLE OF CONTENTS, SOMETIMES WITH 20 PAGES LONG.
THEY WERE ENGINEERING PLAN. WE IN EFFECT SAID, THAT'S WHAT WE'RE GOING TO USE.
WHO DETERMINED THE DETAIL? THE SECOND QUESTION WAS MINIMIZING RISK OF DAMAGE AND LOSS FROM FLOODING.
THIRD, MAINTAIN STORM WATER QUALITY, FOURTH, ENHANCE ACTIVE RETARDANT BY GROUND WATER EASILY. FINALLY, MAKE SURE SOMEBODY [INAUDIBLE] AND IF YOU HAVE IF YOU HAVE OTHER OBJECTIVES TO BE THERE, THEN IT SHOULD BE AN OBJECTIVE.
THOSE WERE THE FIVE OBJECTIVES BASED STORM WATER THAT WE IDENTIFIED.
NOW LET ME TAKE ONE OF THOSE TO THE OBJECTIVE.
MINIMIZING THE RISK OF DAMAGE.
WELL, HOW ARE WE GOING TO DO THAT? WELL, WE'RE GOING TO ESTABLISH SOME LEVELS.
POLICY IS WE'RE GOING TO PLAN AND PROGRAM INFRASTRUCTURE THAT WE NEED TO MAINTAIN LEVEL OF SERVICE. VERY IMPORTANTLY, IS THE ONE I EXPAND ON A MOMENT POST DEVELOPMENT RUNOFF COULD NOT RATE FROM NEW DEVELOPMENT OR REDEVELOPMENT, COULD NOT BE REASONABLY SIMILAR OR BETTER BE DEVELOPED RUNOFF.
AND THEN FINALLY RESTRICT DEVELOPMENT.
IN OTHER WORDS AS TO WHY THAT OBJECTED BY THOSE FOUR.
THEN WE TOOK LET ME JUST TAKE ONE DEVELOPMENT RIGHT FROM NEW DEVELOPMENT, ET CETERA, COULD BE SUBSTANTIALLY SIMILAR.
THE STRATEGY OR ACTION OR TO DEVELOP TECHNICAL STANDARDS, AND WE DID THIS WITH THE WATER MANAGEMENT DISTRICT SO FORTH.
AND VERY IMPORTANT, WE SAID THE LAND DEVELOPMENT CODE WILL INCLUDE CRITERIA, STANDARD METHODOLOGY AND PROCEDURE TO ENSURE THAT THAT HAPPENS.
WE DID NOT WRITE THOSE STANDARDS.
WE DIRECTED THE CODE TO DO THAT.
AND WHEN THAT CODE? HAVE TO THEN REVIEW IT TO SEE IF IT WAS CONSISTENT, DID IT DO WHAT THE PLAN THAT IT WAS SUPPOSED TO? AND THEN WHEN YOU APPLY, YOU ALSO HAVE TO APPLY IT IN.
BUT MY POINT OF THIS EXAMPLE WAS TO SHOW HOW THAT CONCEPT OF GOALS LEADING TO OBJECTIVES, OBJECTIVES TO POLICY OBJECTIVE ACTIONS, BEATS A NUMBER OF THE KEY FACTORS IN TERMS OF MAKING PLAN MUCH MORE THAN ONE RECORD AND AN IMPLEMENTABLE AND EDUCATE EVERY POLICY.
THERE ARE A FEW EXCEPTIONS, BUT EVERY POLICY.
NOW. COMPREHENSIVE PLAN, WE WON'T TOUCH ON A FEW OF THE KEY ELEMENTS, THE MOST IMPORTANT ELEMENT OF THE PLAN.
ONE YOU SEE, I'M THE ONE THAT CHANGES IS THE FUTURE LAND USE.
I WON'T TRY TO BLOW IT UP. BUT ESSENTIALLY, YOU GOT ALL THESE LAND USE CATEGORIES THAT YOU SEE IN YOUR MS. THERE, AND AGAIN, ALL OF THOSE ARE SHOWN ON YOUR FUTURE LAND USE PLAN.
THIS IS THE MOST YOU'RE ONLY REQUIRED TO HAVE TWO MAPS REQUIRED TO HAVE TWO MAPS.
ONE IS THE FUTURE LAND USE MAP, THE OTHER IS A LONG RANGE TRANSPORTATION MAP.
I DIDN'T SEE IT BECAUSE ESSENTIALLY YOU HAVE A ROAD SYSTEM ESTABLISHED, BUT YOU'RE PROBABLY DEALING WITH. BUT BUT YOU ARE REQUIRED TO HAVE IN ANY FUTURE LAND.
[00:55:01]
THAT'S THE ONE THAT YOU MUST HAVE IT FOR OBVIOUS REASONS.SO I WILL TRY TO MAKE SURE MY [INAUDIBLE].
SECOND KEY ELEMENT IS THE TRANSPORTATION ELEMENT, IF YOU THINK ABOUT THIS, YOU RECOGNIZE FUTURE LAND USE, HOW YOU MOVE AROUND, WHAT CREATES THE BLUEPRINT FOR YOU.
THOSE ARE THE TWO KEY PIECES IN TERMS OF THE SHAPE.
THE BLUEPRINT. AND YOU ARE REQUIRED TO HAVE A MAP AGAIN IN BY TAMARAC [INAUDIBLE].
BUT YOU MIGHT NOT NEED A MAP IN A TRUE SENSE.
WELL, I SAY YOU MAY YOU MAY BE UPGRADING THEM AND SO FORTH, BUT BUT YOU'RE NOT PUTTING NEW ONES IN. BUT OBVIOUSLY, YOU CAN SEE IN A COUNTY, FOR EXAMPLE, THAT.
PIECEMEAL. THE CITY OF VENICE.
NOW WHAT WHAT YOU DO HAVE IS A WHOLE CAPITOL IMPROVEMENT PROGRAM. IT LOOKS SOMETHING LIKE THAT, BUT ALL YOU.
PROJECTS ARE IDENTIFIED THERE, YOU CAN CLICK ON THIS.
SO ESSENTIALLY, WHAT I'M EXPANDING A LITTLE BIT HERE, BUT ONE OF THE KEY PIECES THAT YOUR PLAN DOES IS IDENTIFY WHERE YOU NEED CAPITAL INVESTMENT TO MEET LEVELS OF SERVICE THAT'S THEN LINKED INTO YOUR CAPITAL IMPROVEMENT.
NOW YOU MENTIONED COMMUNITY AND SECTOR.
SOME COMMUNITIES MAY WISH TO DO THAT, THIS IS AN EXAMPLE OF NEIGHBORHOOD MIGHT HAVE NEIGHBORHOODS, HILLSBOROUGH COUNTY USE THE CONCEPT OF NEIGHBORHOOD PLANNING THAT WAS HAD TO BE VOLUNTARY. IN OTHER WORDS, THE COMMUNITY HAD TO COME IN THROUGH SOME AND ENGAGE IN SOME SORT OF PROCESS TO IDENTIFY AND DEVELOP A COMMUNITY PLAN AND NOT DONE FOR EVERY SQUARE INCH OF LAND USE.
THE EXTENSIVE AND IT PROVIDED AN OPPORTUNITY FOR NEIGHBORHOOD PLANS TO GET.
IN THAT PARTICULAR CASE, REQUIRED A MAJOR.
BIG. OR YOU MIGHT DO THE SAME KIND OF THING FOR DOWNTOWN HERE.
NOW, INNOVATIVE TOOLS, A NUMBER OF THESE THAT YOU SEE HERE MAY BE MORE APPROPRIATE FOR COUNTIES AND SO FORTH, BUT SECOND, PLANNING, FOR EXAMPLE, LAND STEWARDSHIP, THOSE ARE GENERALLY FULL OF LARGE URBAN SERVICE AREAS.
BUT MIXED USE, HIGH DENSITY COULD WELL BE ISSUES TO TRANSIT OR IN DEVELOPMENT, TRANSFER DEVELOPMENT, ADDITIONAL NEIGHBORHOOD.
AH MAY WELL BE PART OF THE INNOVATIVE TOOLS THAT ARE THAT ARE ENCOURAGED AND PUT THE LOW GROWTH SMART GROWTH DIAGRAM IN THERE BECAUSE SMART GROWTH AND SMART GROWTH WAS SIMPLY A WAY OF ORGANIZING AND THINKING ABOUT COMMUNITIES, ENHANCING QUALITY OF LIFE, PROMOTING ECONOMIC DEVELOPMENT, CREATING LIVABLE TRANSPORTATION, HOUSING OPPORTUNITIES.
RESOURCES. AND IT DID NOT INTRODUCE ANY NEW AND REVOLUTIONARY.
ALL THE PLANNING TOOLS, DEVELOPMENT INCENTIVES, EDUCATION REDEVELOPMENT AREAS, JOINT PLANNING AREAS, CAPITAL IMPROVEMENT, BUDGET SERVICE AREAS.
STARTING SALARY POOLS THAT ARE POTENTIALLY SHOW UP IN.
OK. LET ME MOVE TO THE LAND OF [INAUDIBLE] REGULATION.
[INAUDIBLE] TO THINK ABOUT THEM.
OF THE COMPREHENSIVE PLAN IS BROAD GENERALIZATIONS, BUT THE LEAD ARTICLE IS REGULATION MORE SPECIFIC? THAT'S ABSOLUTELY RIGHT.
THE COMPREHENSIVE PLAN IS YOUR CONSTITUTION.
IF YOUR LAND USE COMP REGULATIONS.
[01:00:01]
THAT'S WHERE THE DETAIL OCCURRED.IT IS REGULATION MUST BE CONSISTENT WITH THE PLAN, NOT THE OTHER WAY AROUND.
YOU HAVE TO BE CAREFUL WITH WORDING.
YOU CAN'T PUT SOMETHING IN THE COMPREHENSIVE PLAN THAT SAYS AS REQUIRED BY THE LAND DEVELOPMENT CODE. THIS IS.
IT'S BACKWARDS. YOU NOW HAVE A SITUATION WHERE IF YOU MADE A REFERENCE LIKE THAT THAT YOU. BUYING SOMETHING IN THE CONFERENCE, A PLAN THAT DEPENDED ON WHAT YOU SAID IN THE CODE. EVERY TIME YOU CHANGE THE CODE, YOU WOULD POTENTIALLY AMEND YOUR PLAN AND YOU BEGIN TO SEE THAT THAT'S INCORRECT.
I'M PLAYING IS THE GANG NOT THE OTHER WAY AROUND? SO IMPLEMENTS THE PLAN, NOT.
AND I HAVE A QUESTION FOR YOU.
THE THE TIME FRAME FOR TYPICAL COMP PLANS HISTORICALLY HAVE BEEN ABOUT 20 YEARS.
WHAT'S WHAT'S THE TREND IS IT'S STILL LOOKING THAT FAR OUT, OR IS IT BECOMING SHORTER EXPERIENCE? WELL, WHAT REALLY HAPPENS IS IN THIS THERE'S NO EASY, SIMPLE.
[INAUDIBLE] YOU USE A 20 YEAR KIND OF TIME FRAME FOR PROJECTIONS BEFORE IT WOULD.
PLANS ARE AMENDED ALL THE TIME.
AT A MORE DETAILED KIND OF LEVEL.
AND THAT AND SO THEY DO TEND TO HAVE A A MORE RELEVANCE TO WHAT'S HAPPENING.
THEY THAT THAT CLEARLY INFLUENCES HOW THAT TAKES PLACE.
BUT IT'S THAT 20 YEAR HORIZON OR EVEN BEYOND EVEN TO A BUILD OUT ACTUALLY BUILD OUT WOULD. COMMUNITY, LIKE YOU HAVE IT'S NOT OUT THE QUESTION AT ALL THAT, YOU WOULD HAVE SOME KIND OF SENSE OF THAT.
BUT THERE'S NO QUESTION THAT WHAT'S GOING ON TODAY AND WHAT'S IN FRONT OF YOU INFLUENCES AMENDMENTS THAT OCCUR VERY FREQUENTLY.
[INAUDIBLE] JUST TO MAKE SURE THAT THE CONSULTANT IS AWARE THAT WE WANT A HEAVY VISION AND EXERCISE, AND WE WANT TO CHANGE THE OUTCOME OF THE PLAN IN A WAY WHERE IT'S AN IMPLEMENTABLE PLAN AND WE HAVE NOT DONE THIS SINCE 2007.
SO I JUST THINK IT'S JUST SO TIMELY THAT WE'RE DOING THIS WITH BOTH BODIES, GIVEN THE FACT THAT THIS IS GOING TO BE A PROCESS THAT WILL BE ENGAGING AND IN SHORT ORDER.
OH, YEAH, JUST DO A QUICK FOLLOW UP AS THINKING WAS GOING TO THIS COMMUNITY SPECIFICALLY, IS THAT WHERE IT IS IN ITS HISTORY AND WHERE IT IS IN ITS LAND DEVELOPMENT AND IT'S CHARITY AND ALL OF THAT.
IS IT APPROPRIATE FOR A COMMUNITY LIKE THIS TO BE LOOKING THAT FAR OUT WHEN IT IS, AS YOU SAID EARLIER, LARGELY BUILT OUT LOOKING AT INFILL AND SELECTED PARCELS THAT PERHAPS STILL AVAILABLE, IT IS 20 YEARS REALISTIC SHOULD IT BE PERHAPS LOOKING AT A SHORTER TIMEFRAME.
JUST JUST CURIOUS WHAT YOU THINK ON THAT.
I TOOK. OH, THERE'S A SIMPLE ANSWER TO THAT.
BUT THE RECOGNITION THAT YOU HAVE A COMMUNITY THAT LARGELY IS DEALING WITH INFILL IS A [INAUDIBLE] RISING AS WELL, I MEAN, THAT'S NOT NOT.
CONTRARY TO THE NOTION OF OUR VISION, OUR VISION IS I PRESUME IT'S ESSENTIALLY WE WANT TO MAKE SURE WE MAINTAIN WHAT WE ARE AND WHAT WHAT COMES IN ITS ANSWER TO THAT.
AND THAT CAN HAVE A 20 YEAR HORIZON, AN EVEN LONGER TERM THAT'S REALLY EVEN LONGER THAN THAT. I SAID THIS YOU MAKE THE DEAL WITH YOU FOR A LONG TIME.
AND THE BUILDING HERE, WHAT YOU WOULD WANT TO BE DOING, THOUGH, IS ANTICIPATING TO ENVISION WITHIN THOSE TIMES YOU WANT TO THINGS LIKE INFRASTRUCTURE AND ELECTED IN THE CURRENT THINKING. YOU CAN DEAL WITH IMMEDIATE ISSUES WITH LONG TERM VISION, I GUESS.
YEAH, AND OUR PLAN WILL DO BOTH.
SHORT TERM, IT'S A 20-40 PLAN.
IT ALSO ALIGN IT WITH HER STRATEGIC PLAN THAT WAS JUST UPDATED RECENTLY.
SO THE COMPREHENSIVE PLAN IS TO BE A TAMARAC COMPREHENSIVE PLAN 2040.
WELL, IT'S OUT TO 2040, BUT IT WILL ADDRESS, YEAH, THERE ARE FIVE TO SEVEN YEAR PLANNING HORIZON AS WELL. OK, NOW, AS I NOTED BEFORE, PRIMARY
[01:05:05]
TOOL YOU, USED YOU TO SEE.SITTING AT THE DAIS, IS YOU LAND DEVELOPMENT? AND IT OUGHT TO BE CONSISTENT WITH THE PLAN.
YOU DON'T WANT TO BE GOING BACK TO THE PLAN EVERY TIME YOU HAVE TO PROVE A DEVELOPMENT ON TO REINSTATE THE PLAN SAYS HERE'S WHAT WE'RE SUPPOSED TO BE DOING.
PLAN DEVELOPMENT CODE WILL INCLUDE THESE PROVISIONS, WRITE THE CODE.
YOU HAVE TO BRING IT BACK. DID YOU DO THAT? ONCE YOU'VE DONE THAT, THEN IT ISN'T NECESSARY FOR EVERY PROJECT THAT YOU GO BACK AND REEXAMINE THE PLAN AGAIN.
IT SHOULD BE AN ASSUMPTION ASSUMPTION THAT IF IT'S CONSISTENT WITH THE CODE, IT IS CONSISTENT WITH A PLAN BY DEFINITION.
A LOT OF PLANS AND CODES THAT DON'T MEET THAT REQUIREMENT, A LOT OF CODES IN THE STATE, THEY WERE WRITTEN BACK IN THE 60S.
AND NEVER BOTHERED TO ACTUALLY FIND THEM WITH THE PLAN IN ANY GREAT, VERY INTERESTING INTERPRETATION. AH, BUT THE COMPREHENSIVE PLAN IS OF REGULATION IS REQUIRED, AND YOU MUST ADDRESS THE CHARACTERISTICS OF THE TOPICS THAT I SHOW THAT I'VE GOT.
[INAUDIBLE], YOU HAVE TO REGULATE THE SUBDIVISION OF LAND.
YOU HAVE TO REGULATE LAND USE, LAND AND WATER, THAT'S.
POTABLE WATER WELL FIELDS HAVE TO BE PROTECTED, STORM WATER BACKED ENVIRONMENTAL LANDS, ADEQUATE CREDIT FACILITIES.
THAT'S CONCURRENCY REGULATE SIGNS AND REGULATES TRAFFIC.
HE'S THIS COMES RIGHT OUT OF THE STATE STATUTE AND SAYS THAT YOU HAVE TO.
NOW THAT'S PRETTY ALL ENCOMPASSING.
ANY OF THOSE CANDIDATES, YOU'D HAVE BEEN A LITTLE OUT OF PLACE.
THAT'S ABSOLUTELY ONE OF THOSE THINGS, LIKE WHEN THEY MAKE LOSSES.
I KNOW ONE OF THE PEOPLE WHO ON THE COMMITTEE THAT WERE DRAFTING THE PLAN.
SOMEBODY JUST THREW THAT IN, AND IT'S NOT JUST A PROBLEM OF REGULATING SIGNS, IT JUST IT'S OUT OF PLACE. WITH THIS PARTICULAR LIST.
AND YOU'LL TYPICALLY SEE IN A CODE, YOU WILL ACTUALLY SEE AN ARTICLE THAT DEAL WITH SIGNS, AND IT COMES LARGELY FROM THIS PARTICULAR REQUIREMENT THAT YOU.
NOW, WHAT I WANT TO SHOW YOU HERE IS A WAY IN WHICH A PLAN YOUR CODE CAN BE STRUCTURED THAT HELPS TO UNDERSTAND IT.
AND THERE ARE OTHER WAYS TO DO IT, BUT SIMPLY WHAT THIS IS INTENDED GO IS A WAY TO DO IT THAT I THINK MAKES SENSE.
AND IT'S A CONCEPT THAT YOU PLAN IS A REFERENCE DOCUMENT TO ME.
CODE IS A REFERENCE. YOU DON'T READ IT LIKE A NOVEL UNLESS YOU NEED TO GIVE SOMEONE SOMEONE, SOMEONE COMES INTO THE CODE.
THAT'S WHAT I'M SAYING, UNLESS YOU'RE NOT SURE THE PLANET, SOMEONE COMES INTO THE CODE WITH ONE OF TWO THINGS.
THEY EITHER HAVE A PIECE OF PROPERTY THEY WANT TO DEVELOP OR THEY'RE LOOKING FOR A PIECE OF PROPERTY TO DO SOMETHING WITH.
I BUILT WAR WARS, AND I NEED TO KNOW WHERE I CAN PUT.
SO THE CODE IS A REFERENCE DOCUMENT, SO ARTICLE ONE IS.
SO THE FIRST ARTICLE IS HOW IS IT ZONED? WHAT USE CAN I PUT HERE? YOU BACK ON ANY SPECIAL LIST LIKE OVERLAY, LIKE A HISTORIC OVERLAY? NEXT QUESTION. ANY NATURAL RESOURCES, WETLANDS, WHATEVER YOU'VE IDENTIFIED? NEXT QUESTION. HOW ABOUT ADEQUATE FACILITIES ON THE ROADS, ADEQUATE STORM WATER, ET CETERA? DO I MEET LEVELS OF SERVICE? NOW, ONCE THAT APPLICANT HAS ASKED THOSE QUESTIONS, YOU THEN SAY, AND NOW WHAT DEVELOPMENT OPTIONS, WHAT TOOLS DO YOU HAVE IN THE CODE TO ADDRESS YOUR ISSUE? IS IT A SUBDIVISION? COULD IT BE A PLANNED DEVELOPMENT? COULD IT BE A SIDE PLAN OR WHATEVER? THAT. S.
DOESN'T HAVE ANY REGULATIONS IN IT, SIMPLY SAYS THIS IS HOW YOU USE A PLAN DEVELOPED.
THE RULES OF THE GAME APPLYING FOR.
SO THAT THE APPLICANT SAID AFTER I'VE LOOKED AT ALL THESE STANDARDS THAT RELATE TO A SITE, I NOW CAN SEE, WHAT DO I NEED? WHAT DO I APPLY FOR? THE ONLY THEN IN IN THE ARTICLE SEVEN, DO WE PUT THE STANDARDS, ALL OF THE REGULATIONS THAT ARE STANDARDS, I MEAN ONE.
IF YOU EVER LOOKED IN OVER CODES AND SO FORTH, WHAT YOU'LL FIND IS YOU'LL FIND SOME WATER
[01:10:03]
REGULATIONS ALL OVER. DIFFERENT SECTIONS OF WHAT WE DO HERE IS A NO NO, ALL IS AGAINST, THAT'S A BIG ARTICLE, BUT YOU HAVE ALL OF YOUR STANDARDS IN ONE PLACE.THEN YOU ESTABLISH BOARDS AND AGENCIES ESTABLISHED WHAT YOU FOLKS DO AND THEN YOU HAVE ADMINISTRATION. ALL THE ADMINISTRATION IS IN ONE PLACE.
AND THEN FINALLY, EQUITABLE RELIEF, WHICH IS VARIANCES.
NOW WHAT YOU'LL SEE ON I'LL SHOW YOU IN THE DECISION MAKING PROCESS.
WELL, NOT WHEN I WENT TO HILLSBOROUGH COUNTY IN 2002, 1991.
WE WERE IN THE PROCESS OF UPDATING OUR CODE.
BECAUSE OF THE NEW COMPREHENSIVE.
AND THE CONSULTANT THAT WAS DOING THAT HAD SIMPLY TAKEN.
PUT ALL OF THE SUBDIVISION REGULATION AND ZONING CODES, EVERYTHING WE HAD PUT THEM IN A BOX IN THE BOX WOULD BE ABOUT THIS LOT.
SO THEY ESSENTIALLY BROUGHT ALL THAT TOGETHER INTO A UNIFIED CODE.
CHANGE ANY OF THE PROCEDURE, EACH OF THOSE HAD PROCEDURES FOR APPROVAL.
WE HAD SOMETHING LIKE TWO DOZEN DIFFERENT PROCEDURES.
THE ONLY FOUR. A PERMIT AND A ADMINISTRATIVE APPROVAL, BECAUSE IT'S A PLAN OF SOME KIND, THAT'S ONE THAT AN AGENCY LIKE WHERE YOU DELEGATED IT TO ANOTHER AGENCY LIKE THE PLANNING AND THEN WHAT THE COMMISSION DOES, IT'S ONLY FOUR WAYS YOU CAN DO IT.
AND SO WHAT WE ESSENTIALLY DID WAS TO REORGANIZE THAT ADMINISTRATION AROUND THOSE FOUR PROCESSES AND SAID, HERE ARE THE FOUR PROCESSES.
WHAT DOES THIS APPLICATION, WHICH OF THOSE PROCESSES IN ITS APPLICATION FIT IN? BUT BUT THE PROCESS WAS ALWAYS THE SAME FOR THE SAME LEVEL OF REVIEW, AND YOU'LL SEE THIS, WE ACTUALLY TALK LEVEL ONE, LEVEL TWO.
AND MADE SURE THAT THOSE ADMINISTRATIVE PROCEDURES WERE CLEARLY DEFINED IN THE CODE IN ONE PLACE.
WHEN WE TALK ABOUT CONSISTENCY, AND SO THAT BECOMES PART OF THAT ORDINARILY IMPORTANT.
BUT YOU'VE GOT TO BE ABLE TO READ THE CODE AND UNDERSTAND WHAT IT WANT TO DO AND ALSO HOW YOU DO IT. AND SO THIS CONCEPT HERE IS DESIGNED TO BE HOW DOES SOME PERSON EITHER LOOKING FOR SOMETHING TO DO WITH THEIR PROPERTY OR LOOKING FOR A PLACE FOR SOMETHING? HOW DO THEY GET THEIR ANSWERS AND SOME KIND OF LOGICAL AND UNDERSTANDABLE? THERE MAY BE OTHER WAYS TO DO IT, BUT THAT'S THE RATIONALE BEHIND THIS, AND THAT'S THE WAY WHEN I REWRITE CODES.
THE RECALL. OK, LET'S TALK ABOUT THE TUBES A LITTLE BIT.
ARE. NOW, THERE MAY BE THESE ARE THE AREAS WHERE YOU MAY HAVE DIFFERENT TERMS AND SO FORTH, THE COMMUNITY MAY USE THEM DIFFERENTLY.
BUT BUT THE FUNDAMENTAL TOOLS WE USE ARE PRETTY MUCH THE SAME.
UNIVERSE, NOT JUST IN FLORIDA.
NO ONE IS CONVENTIONAL ZONING, THIS IS WHERE YOU DIVIDE UPWARDS, WAS THE ZONING.
IN FACT, I'VE GOT THE ZONING MAP.
LEGAL, YOU DIVIDE THE LAND INTO DISTRICTS OR ONE RESIDENTIAL, BE ONE COMMERCIAL, WHATEVER HAPPENS, AND YOU LIST THE PERMISSIBLE USES IN EACH DISTRICT AND YOU CREATE DESIGN STANDARDS FOR EACH ONE.
THOSE STANDARDS ARE UNIFORM WITHIN THE DISTRICT, BUT THEY VARY FROM EACH OTHER.
OF COURSE, RESIDENTIAL IS OBVIOUSLY NOT.
AND I MUST BE ON MY APP IF YOU HAVE A ZONING CLASSIFICATION AND THERE'S NO MAP.
IT'S NOT MAPPED ANYWHERE YOU DON'T HAVE A DOESN'T HAVE ANY EFFECT IT ALWAYS RELATES TO.
LET ME. OH, ARE YOU THAT? YOU'VE PROBABLY SEEN THESE.
BY USING TECHNOLOGY. I PRESUME ACTUALLY YOU CAN. BUT SOME COMMUNITIES USE THEIR LAND USE CATEGORIES AND ZONING.
NO, THAT'S I AGREE WITH THAT APPROACH, BY THE WAY.
TYPICALLY, WHAT HAPPENS IS THAT YOU.
EITHER I'VE IDENTIFIED OR LET'S SAY YOU HAVE A RESIDENTIAL SUBURBAN LAND USE.
THERE MIGHT BE SEVERAL ZONING CATEGORIES THAT WOULD BE CONSISTENT WITH THAT.
AND YOU MAY MAKE AND YOU MADE WHEN YOU WERE.
DURING A ZONING DISTRICT, CHANGE, THE PRIMARY WOULD.
QUESTION, IS IT CONSISTENT WITH THE COMPREHENSIVE PLAN CATEGORY, WHICH IS LOCATED, IT WAS NOT, THEN YOU'D HAVE TO CHANGE THE LAND USE CATEGORY AS WELL, BUT YOU MAY HAVE SEVERAL ZONING CATEGORIES THAT WOULD BE PERMISSIBLE WITHIN A LAND USE CATEGORY.
BUT GENERALLY, THE LAND USE CATEGORY WOULD.
[01:15:03]
ABOUT LEVENT, WHAT I'VE SEEN.AND THAT. AND IF I MAY, IF MS. CALHOUN WANTS TO SHARE ONE, WE JUST THE PROCESS THAT WE JUST DID IN.
YEAH. SO A PRIME EXAMPLE, OF COURSE, IS WOULD WANT THAT IT'S GONE THROUGH THE PROCESS.
THE ONLY CATEGORY THAT THEY WERE SEEKING TO ATTAIN IS A RESIDENTIAL CATEGORY THAT WAS NOT CONSISTENT WITH THE LAND USE MAP.
BUT FOR THAT PROCESS, WE HAD TO CHANGE THE ZONING AS WELL AS A FUTURE LAND USE MAP SO THEY CAN BE CONSISTENT, BUT ULTIMATELY RESULTED, OF COURSE, IN RESIDENTIAL BEING DEVELOPED ON A GOLF COURSE, WHICH WAS A RECREATION LAND USE DESIGNATION.
SO WE CHANGE THE ZONING MAP TO RESIDENTIAL, AS WELL AS THE LAND USE TO LARGER LAND USE RESIDENTIAL DESIGNATION, WHICH REALLY HOLDS THE DENSITY AND REALLY DICTATES FOR US THE NUMBER OF DWELLING UNITS THAT CAN.
BUT THAT'S WHAT WE DID IN THE WOODLANDS.
IT'S THE SAME TYPE OF APPLICATION WHERE IS A RECREATION DESIGNATION ON THE LAND USE, BUT THE DEVELOPER IS SEEKING TO DEVELOP.
SO WE ARE CHANGING THE ZONING, RESIDENTIAL ZONING.
BUT THE LAND USE IS A RECREATION, SO WE HAVE TO ALSO CHANGE THAT LAND USE TO BE COMPATIBLE TO BE CONSISTENT.
IT'S A PROCESS WE'RE CURRENTLY.
SO JUST TO GIVE YOU SOME CONTEXT, LET'S DO THE LAND USE CHANGE.
COMFORTABLE. AND BEFORE THAT, FOR FOR SEVERAL YEARS, WE WORKED ON AND IT WAS FINALIZED IN 2018 REDOING THE ZONING AND LAND USE.
COMPREHENSIVE LAND USE PROGRAM.
WHY DON'T YOU JUST ELABORATE A LITTLE BIT MORE? YOU DID. SO WE DID A ZONING REWRITE IN TWENTY EIGHTEEN.
THE CITY HAS LONG WANTED TO DEVELOP SOME MIXED USE DESIGNATION.
SO WE JUST AMENDED THE FUTURE LAND USE ELEMENT.
IF YOU RECALL IN JUNE 18 OF THE COMPREHENSIVE PLAN, CHANGE THE ENTIRE MAP SO WE CAN INTRODUCE SOME MIXED USE DESIGNATION TO SUPPORT THE ZONING MIXED USE DESIGNATION.
AND WE ALSO CREATED SOME TAX CHANGES TO SUPPORT THAT AS WELL.
BUT THAT AMENDMENT WE DID IN 2018 WAS JUST A FUTURE LAND USE ELEMENT OF OUR COMPREHENSIVE PLAN TO SUPPORT THE REWRITE WE DID OF THE ZONING CODE, AND WE UPDATED THE ENTIRE ZONING MAP COLLAPSE.
I THINK WE HAD FOUR COMMUNITY OF BOARD SIZE, MAYBE OVER 20 OR SO ZONING DISTRICT WITH EIGHT COMMERCIAL DESIGNATION, AND WE CHANGED ALL OF THAT.
NICE. WE HAVE ABOUT CREATED SOME MIXED USE DESIGNATION THAT SUPPORTED COMMERCIAL WE HAVE FOR A FACT AND MAYBE JUST ONE COMMERCIAL DESIGNATION.
YOU'VE GOT ONE RIGHT IN FRONT OF YOU.
I'M GOING TO BE I NOW HAVE A FEW MORE SLIDES.
I THINK I CAN QUICKLY, FAIRLY QUICKLY, AND THAT WOULD BE THE POINT.
YES. AND FOR A FEW MINUTES AND THEN WE'LL.
LOOK, THIS CAN I JUST SAY ONE MORE THING, JUST TO PUT SOME CONTEXT, SO I KNOW GENE TALKED ABOUT MAKING SURE THAT EVERYTHING IS CONSISTENT WITH THE COMPREHENSIVE PLANS IF YOU LOOK AT THE MEMORANDUM THAT PREPARED BY STAFF.
THAT'S THE REASON WHY WE ALWAYS TIE IN WHETHER OR NOT THE APPLICATION IS CONSISTENT WITH THE LINE DEVELOPMENT REGULATIONS AS WELL AS A COMPREHENSIVE PLAN.
IF YOU NOTICE WHEN WE DO OUR ASSESSMENT OR ANALYSIS, WE ALWAYS BRING IT BACK TO WHETHER OR NOT IT'S BEEN. ARE WE COMING BACK TO ZONING DISTRICTS AGAIN? EACH OF THE EACH DISTRICT PRESCRIBED CERTAIN STANDARDS.
THIS PARTICULAR ONE IS OBVIOUSLY A RESIDENTIAL AREA HIGH.
AND THAT'S THE SAME THROUGHOUT THAT DISTRICT, BUT OBVIOUSLY DISTRICTS ARE DIFFERENT.
YOU MAY HAVE OVERLAY DISTRICT.
TYPICAL EXAMPLE WOULD BE A WEALTHY WELL, THAT'S NOT A GOOD ONE FOR YOU.
HISTORIC PRESERVATION, YOU MIGHT HAVE R1 DASH HP.
UH, WHERE YOU HAD HAD CREATED THE UNDERLYING ZONING IN PLACE, BUT YOU HAD THIS ADDITIONAL REQUIREMENT FOR. SO YOU MIGHT HAVE AN AIRPORT APPROACH ZONE.
OH, SO HOW HAS THERE ANY NUMBER OF POSSIBLE? SPECIFIC THINGS IT RELATED TO THE NEED TO AMPLIFY THE REGULATION.
SO THAT WOULD BE A CONCEPT OF.
[01:20:01]
AS THE SAME EFFECT LAYS ON TOP OF.NOW, PLANNED DEVELOPMENT PLAN DEVELOPERS ARE VERY POWERFUL.
YES, SO IN 2018, WE CREATED THE ONLY PLANNED DEVELOPMENT DISTRICT THAT WE CREATED A DESIGNATION, AND IT'S ONLY BEEN APPLIED TO THE TAMARAC VILLAGE DEVELOPMENT, BUT THAT DESIGNATION WAS CREATED, IN ESSENCE, A PLANNED DEVELOPMENT.
IT PRESENTS AN OPPORTUNITY FOR AN APPLICANT TO CREATE A PLAN THAT IF IT'S APPROVED, IT NOW BECOMES THE ZONING PLACES.
UM, NOW THEY CAN BE STRUCTURED A LOT OF WAYS, HERE'S THE HERE'S THE CAVEAT.
BASICALLY, BE VERY CAREFUL ABOUT HOW THE PROCEDURES WORK.
WHAT DO YOU DO IN 20 YEARS INSTEAD OF ONE OWNER? I HAVE FIVE HUNDRED.
HOW DO YOU AMEND THAT PLAN? BUT MAYBE MAYBE A FAIRLY MINOR KIND OF, BUT THINGS CHANGE, I LIVE IN AN AREA LIKE THAT THE TENNIS CENTER ARE NO LONGER VIABLE.
HOW DO YOU NOW? AND THERE ARE WAYS TO DO THAT, BUT IT'S IMPORTANT THAT YOU HAVE THOSE PROCEDURES IN PLACE.
WHEN THE PLAN DEVELOPMENTS ARE CREATED, SO YOU UNDERSTAND, BECAUSE EVERY PROPERTY OWNER HAVE TO AGREE TO A CHANGE.
YEAH. BECAUSE, YOU KNOW, BECAUSE PLANNED DEVELOPMENT NUMBER SUCH-AND-SUCH, WHO DID ALL OF THIS UNDEVELOPED LAND AND NOW IT'S GOT 300 LOTS IN IT, ALL HAVE DIFFERENT.
SO THAT'S MY CAUTION AND PLAN.
BUT YOU NEED TO BE VERY CAREFUL ABOUT HOW YOU BEND THEM.
OH, WHAT ASIA IS HOW YOU GET BACK IN? I COULD GIVE YOU SOME LITTLE.
ANOTHER FORM OF CODES, I DON'T KNOW IF YOU GOT YOUR END OF THE PHONE BASE CODE YET.
WE ARE. YES, IT'S A HYBRID, ACTUALLY.
CONVENTIONAL FORM BASE CODE BASICALLY RELY UPON DESIGN MORE THAN USE.
OH, YOU MIGHT SEE, YOU MIGHT SEE.
DIAGRAM, FOR EXAMPLE, HERE AS PART OF A FARM BASED CODE THAT HAVE MORE TO DO WITH HOW STREETSCAPES RELATIONSHIPS OF USERS IN SCALE IN THE ACTUAL USE.
BUT HERE'S AN EXAMPLE FROM TAMPA WEST PARK VILLAGE, THIS WAS A TRADITIONAL WE ACTUALLY IMPROVE THIS THROUGH A PLAN TO BUILD, BUT WE DIDN'T HAVE A TRADITIONAL NEIGHBORHOOD DEVELOPMENT AT THAT TIME.
WEST PARK VILLAGE IS A MIXTURE, IS A MIXED USE DEVELOPMENT.
WHAT'S INTERESTING ABOUT IT? AND AS PART OF THAT, THERE'S A LITTLE NEIGHBORHOOD CENTER.
A LITTLE HARD TO SEE IN THIS DIAGRAM.
ARE IN A SIMILAR OTHER AREA IN HILLSBOROUGH COUNTY.
THE ORANGE OR YELLOW COLORED BUILDINGS YOU SEE ON MULTI-FAMILY HOMES THAT EXIST.
FRONTAGE ON HIGHWAY 301, AS YOU CAN SEE.
AND THAT WAS ACTUALLY REQUIRED TO BE DEVELOPED IN A MIXED USE TYPE OF RETAIL RESIDENTIAL.
ARGUMENT SO FORTH THAT ON THE HOT DEVELOPER COMES IN AND SAYS I WOULD LIKE TO CHAIN MAKE SOME MINOR CHANGE.
WHAT THE DEVELOPER OWES THE COMMUNITY PROPOSED WHAT YOU SAW AT THE TOP, THE DEVELOPER PROPOSED ESSENTIALLY.
AND ON A DRIVE THROUGH BIKE AND.
NOW, WHAT WAS INTERESTING ABOUT THAT IS THAT BALFOUR PROPOSAL WAS ONLY ABOUT ABOUT A MILLION DOLLARS PER ACRE OF TAX THAT.
THE ONLY PROPOSAL THAT WAS APPROVED FOR MILLION DOLLARS.
PROBLEM WAS. THE DEVELOPER WANTED TO DEVELOP STRIP.
WHAT WAS THE MARKET FOR ALL THE MARKET WAS FOR GAS STATION.
OH, I. HASN'T THAT BEEN? FROM A STANDPOINT OF BUILDING A COMMUNITY AND WHAT THE FOLKS THAT BOUGHT IN TO THE RESIDENTIAL DEVELOPMENT WERE LOOKING FOR, THAT WAS NOT IT.
THEY WHAT THEY WERE LOOKING FOR IS SOMETHING LIKE YOU SEE AT THE TOP AND FROM A STANDPOINT. OF USE OF LAND AND EFFICIENT USE OF LAND, YOU CAN SEE THAT JUST ONE MEASURE OF. THE BOARD TURNED IT DOWN.
[01:25:01]
USED TO PROVE THAT WE DID A LITTLE FUNERAL MONITORING.SO. SO THIS IS AN EXAMPLE OF A FLAWED BASE CODE, BUT YOU JUST.
SO THAT HAPPENED IN SUBURBAN AREAS.
BOLTON. HE HAS COME IN WITH THE MARKETS THERE BECAUSE THERE'S TRAFFIC THERE, BUT.
SPECIALISTS. EVERY CODE AND BUILD INTO ITS SPECIAL USES, AND THIS MAY HAVE SEVERAL DIFFERENT TERMS, IT MIGHT BE PROVISIONAL USES CONDITIONAL USE, ESPECIALLY GENERALLY THESE ARE SOMETHING ALLOWED IN A ZONING DISTRICT SUBJECT TO CONDITIONS.
THOSE CONDITIONS SHOULD BE SPELLED OUT IN THE CODE.
WHAT I TYPICALLY LIKE TO DO IN DRAFTING THESE CODES HAVE THREE DIFFERENT CATEGORIES.
ONE OF THEM, WHAT I CALL A PROVISIONAL USE, THE ADMINISTRATOR APPROVED.
THEREFORE, YOU MIGHT HAVE A CANDIDATE SAYS YOU CAN HAVE A CHURCH IN A RESIDENTIAL AREA PROVIDED THEY HAVE AN ACRE. WELL, YOU DON'T NEED TO SEE THAT AT THE BOARD LEVEL, MAKE THAT DECISION. THE ADMINISTRATOR JUST HAS TO DETERMINE THAT THEY THAT THEY'VE GOT AN A.
MAYBE THEY'RE. BUT SO, IN OTHER WORDS, THE CLIMATE IS CLEARLY WITHIN THE REALM OF THE ADMINISTRATION TO DETERMINE COMPLIANCE.
THAT'S AN EXAMPLE I USE, ESPECIALLY.
OH, YES. WHILE HE'S DOING THAT FOR US, IT'S A SPECIAL EXCEPTION.
SO, YEAH, THE APPLICATION, THAT SAME THING AND YOU MIGHT HAVE ANOTHER YOU MIGHT CALL A SPECIAL EXCEPTION THAT MAYBE YOU'VE GIVEN GRANTED THAT AUTHORITY TO MAYBE THE PLANNING BOARD BECAUSE IT'S A LEVEL OF DISCRETION THAT'S SOME DISCRETION IN IT, BUT IT'S NOT A MAJOR IMPACT KIND OF THING.
AND THEN I LIKE I LIKE TO USE THE TERM CONDITIONAL USE WHERE IT ACTUALLY GOES TO THE GOVERNING BODY. AN EXAMPLE THERE MIGHT BE AN INDUSTRIAL TYPE OF USE WHERE YOU WERE INTERESTED IN PERFORMANCE STANDARDS SUCH AS NOISE AND VIBRATION AND THESE KIND OF THINGS AND WHETHER IT WAS APPROPRIATE AT ALL FOR THERE.
AND THAT MIGHT BE A CONDITIONAL USE THAT WOULD GO TO THE ELECTED BODY TAMARAC.
BUT THESE ARE ALL SPECIAL USES THAT ARE ALLOWED IN DISTRICTS SUBJECT TO A SET OF CONDITIONS AND POLICY.
AND THEY MIGHT THEY MAY HAVE DIFFERENT TERMS LIKE SPECIAL EXCEPTIONS, SPECIAL USE, SPECIAL USE, BUT THEY'RE ALL BASICALLY THE SAME THING WITH THAT PROVISO.
AND WHAT DO? IS THIS NOW I CLARIFIED WITH MAXINE EARLIER YOU AS THE PLANNING BOARD OR THE BOARD OF. SOME COMMUNITIES HAVE A SEPARATE BORDER OF ADJUSTMENT AND VARIANCES TYPICALLY GO TO A BORDER ADJUSTMENT AND THAT YOU WOULD BE HAVE THAT HAT ON, BUT.
BARENTS IS A MINOR EXCEPTION TO THE ZONING RULES.
USE VARIANCES ARE NOT PERMISSIBLE.
YOU CAN'T GIVE A VARIANCE ON RESIDENTIAL PROPERTY TO BUILD A GAS STATION UNDER ANY SO USE VARIANCE IS NOT THE CRITERIA FOR USE.
VARIANCE FOR VARIANCE IS IT'S A LITERAL INTERPRETATION.
WAS THE HARDSHIP THAT IS UNIQUE TO THAT PROPERTY? CAN'T BE SELF-IMPOSED.
AND IT'S THE MINIMUM NECESSARY TO PERMIT THE REASONABLE USE AND DOES NOT HARM NEARBY PROPERTY. IF YOU FOLLOW THESE BASIC RULES, I DON'T KNOW HOW YOU'RE STRUCTURED.
YOU MIGHT HAVE, BUT IF YOU FOLLOW THESE PARTICULAR RULES FAIRLY CUSTOMARY THAT YOU'RE NOT GOING TO IMPROVE VERY MANY. IT'S NOT I MEAN, IT SHOULD NOT BE A MEANS BY WHICH YOU REZONE. AREAS, WELL, WE WE APPROVED THIS FOR THIS PARTICULAR THIS HOUSE, SO WE'LL APPROVE IT FOR THE HOUSE NEXT DOOR BECAUSE.
YOU TO DO THAT? THAT'S A REASON.
ARE THE VARIANCE IS A IT'S AN EQUITABLE, EQUITABLE RELIEF TYPE OF TOOL AND.
BUT IT IS NORMALLY A BORDER ADJUSTMENT TYPE ACTION IN YOUR CASE, YOU.
NBA PLAYERS APPROVED BY THE VARIOUS.
SO DOES IT HAVE TO GO? WELL, AN EXCELLENT NOTION OF A VARIANCE IS THERE IS NO.
THERE'S NO SUCH THING AS A VARIANCE THAT IS NOT UNIQUE BY ITS VERY DEFINITION.
YOU MIGHT HAVE YOU MIGHT HAVE IN YOUR CODE, SOMETHING WHERE A CONDITION WAS RECOGNIZED THAT WAS CONSISTENTLY ADMINISTERED, BUT BY AND LARGE, THE ANSWER TO YOUR QUESTION.
IT HAS TO GO TO SOME KIND OF A.
YEAH, IT MIGHT BE A HEARING OFFICER OR SOMETHING LIKE THAT.
[01:30:03]
YOU USE THE HEARING. HILLARY IS NOT AN ADMINISTRATOR AT THIS RATE, AS WE FIRST GET NEWS OF THIS. ALSO DON'T HAVE DISCRETION THAT.EITHER THEY'RE. BACK, YEAH, WE WOULDN'T CALL IT A VARIANCE, THE CODE CALLS IT ADMINISTRATIVE ADJUSTMENT, SO I DO HAVE SOME DISCRETION BASED ON STANDARDS THAT ARE OUTLINED IN THE CODE, AND IT'S MAYBE ONE OR TWO FEET CERTAIN PERCENTAGE 10 PERCENT FOR A SET BACK OR PERCENTAGE FOR HEIGHT WHERE PROVIDED THAT THE STANDARDS ARE MET.
AND I DO HAVE SOME DISCRETION.
WE JUST CREATED THOSE STANDARDS IN 2018.
SO IT'S AN ADMINISTRATIVE ADJUSTMENT.
WE DON'T USE THE WORD VARIANCE, BUT THE CODE ITSELF ALLOWS SOME.
VARIATIONS OF THAT SAID, STILL THERE.
LET ME LET ME THIS IS ONE OF THOSE AREAS WHERE WHAT YOU CALL SOMETHING CAN CREATE CONFUSION. WHAT ACTUALLY IT WAS JUST DESCRIBING IS NOT A VERY SYSTEM, IT'S AN ADJUSTMENT AND I'LL BE CALL THAT AND AND A VARIANCE OUGHT TO BE A VARIANCE.
IT'S ONE OF THOSE KIND OF AREAS WHERE YOU HAVE TO BE CAREFUL ABOUT THE TERM.
BUT THIS DEPENDS ON HOW YOUR OWN CODE IS SET UP AND HOW YOU DEFINE IT.
WHAT CAN BE DONE? THE FACT YOU'D HAVE THE ABILITY FOR THE ADMINISTRATOR TO DO SOME OF THOSE THINGS IS VERY IMPORTANT, BUT IT WOULDN'T NECESSARILY BE WHAT WE CALL WHAT IS TRADITIONALLY CALLED A VARIANCE IN ZONING.
IT WOULD HAVE KNOWN WRITE ADMINISTRATIVE.
RIGHT NOW, DEVELOPMENT TAKES PLACE, AND WHEN THE DEVELOPER IS READY TO DO SOMETHING THEY'RE GENERALLY GOING TO COME FORWARD IS NOT SIMPLY A SIMPLE BUILDING PERMIT OR SOMETHING LIKE THAT. THEY'RE GOING TO BE INVOLVED IN TWO DIFFERENT PROCESSES.
ONE IS SUBDIVISION REGULATION AND THE OTHER IS A SITE PLAN REVIEW.
I DON'T KNOW HOW MUCH SUBDIVISION YOU SEE HERE IN TAMARAC BOARD MUCH THAT MAY ALREADY BEEN SUBDIVIDED, BUT IN MOST COMMUNITIES, SUBDIVISION REGULATION IS EXTRAORDINARILY IMPORTANT. AND ONE OF THE MOST POWERFUL TOOLS THAT YOU HAVE, BECAUSE THAT'S HOW YOU REGULATE WHAT YOU REGULATE BY PARCEL AND WHEN YOU CREATE PARCELS.
IF YOU'VE NOT DONE A GOOD JOB OF THAT, THEN YOU'RE GOING TO BE.
THE SUBDIVISION REGULATIONS, ESSENTIALLY WHAT YOU'RE LOOKING AT IS A PRELIMINARY PLANT FINAL PLANTS OUGHT TO BE TECHNICAL REVIEWS AND SO FORTH.
BUT THIS IS A QUICK EXAMPLE OF WHAT PRELIMINARY PLAN DOES ESTABLISH AND BUILD A LOTS OF ROADWAY CONFIGURATIONS, COMMON AREAS AND SO.
ARE. THE OTHER MAJOR AREA THAT TYPICALLY YOU SEE, AND THIS IS PROBABLY ONE THAT.
HE WOULD BE INVOLVED IN A MUCH MORE FREQUENTLY IS SIDE PLANNING DEVELOPMENT IS TAKING PLACE ON A PARTICULAR SITE AND THIS IS A PROCESS OF APPROVING THAT DESIGN IN CONSISTENT WITH. THE REGULATIONS.
AND CURRENCY. OUR CURRENCY IS THE REQUIREMENT THAT BEFORE DEVELOPMENT CAN BE.
THAT WE MUST DEMONSTRATE TO THE LEVEL OF SERVICE THAT HAD BEEN ESTABLISHED IN YOUR PLAN AND INTO YOUR CODE IS BETTER MAINTAINED.
NOW THAT IS MANDATORY FOR SANITARY SEWER, SOLID WASTE DRAINAGE AND POTABLE WATER.
IT IS OPTIONAL FOR TRANSPORTATION, FOR PUBLIC SCHOOLS AND FOR PARKS AND RECREATION.
TO A CERTAIN DEGREE, THE LEVEL OF SERVICE THAT HAS TO BE MET.
YOU MAY DESIGN FOR LEVEL OF SERVICE YOU MIGHT USE FOR DESIGN, BUT DO YOU HAVE A CONCURRENCY REQUIREMENT? BUT YOU DON'T HAVE TO.
WE DO NOT. SO, SO YOU'VE TAKEN ADVANTAGE OF THE OPTION OF CONCURRENT TRANSPORTATION, FOOD, CONCURRENCY NOT BEING A.
AND REQUIREMENT, WHICH IS PERMISSIBLE UNDER PRESENT STATE STATUTE, IF I MAY, IS THAT ALSO BECAUSE WE HAVE BROWARD COUNTY PLANNING COUNSEL, WHICH HAS TO REVIEW ALL THOSE THINGS THAT WOULD HAVE IT AND THEY HAVE TO DEAL WITH THE CONCURRENCY OPTION.
AND WE'RE HAVE BUILT OUT COMMUNITY AS WELL.
SO AND THERE ARE CERTAIN CONCURRENCY EXCEPTION AREAS THAT ARE THROUGHOUT BROWARD COUNTY, WHICH ARE CERTAIN AREAS THAT ALSO THAT'S ALSO IN THE CITY OF TAMARAC.
AND THERE'S ONLY SO MUCH WE CAN DO BECAUSE MOST OF THOSE MAJOR ROADWAYS ARE NOT CONTROLLED BY THE CITY.
SO THERE'S ONLY SO MUCH RESPONSIBILITY THAT WE CAN PUT ON TO DEVELOPMENT THAT WE DON'T CONTROL. THAT'S RIGHT.
AND CONCURRENCY, WHAT CURRENCY IS, DOES THAT? AND THAT'S ONE OF THE PROBLEMS. THAT'S WHY IT WAS MADE OPTIONAL, BECAUSE THAT WAS BEYOND THE ABILITY OF MANY COMMUNITIES TO AND SUBSTITUTED WITH OTHER KINDS OF PLANNING.
MPO. EXACTLY, I JUST WANTED TO MAKE IT CLEAR WHY THE CITY DOESN'T HAVE IT IN THERE, IT'S NOT FOR THE LACK OF US WANTING TO DO SOMETHING, IT'S FOR THE LACK OF THE ABILITY TO BE
[01:35:03]
ABLE TO JUST NEVER WORKED AND IT WORKED.PUBLIC SCHOOLS ARE, YEAH, PUBLIC SCHOOL.
WE HAVE A PUBLIC SCHOOL ELEMENT AND WE ALSO ARE PUBLIC SCHOOL PERSON THAT SITS ON THE BOARD. YES.
SO YOU'RE STILL APPLYING, EVEN THOUGH IT'S NOW OPTIONAL, YOU ARE APPLYING IT AS WELL AS I RECOMMEND THAT YOU DO A LOT OF WORK WITH SCHOOL.
THEY DON'T SHOW UP. BUT YEAH, THEY HAVE A THEY HAVE A NON-VOTING.
OF COURSE, IT'S A SEPARATE, BUT YOU HAVE AN INNER LOCAL AGREEMENT.
YES, AN YEAH. I DO A LOT OF WORK WITH SCHOOL DISTRICTS AND WAS ON THE TASK FORCE THAT DEVELOPED THE RULES FOR SCHOOL CONCURRENCY BACK IN THE 2005.
OR THREE DIFFERENT SCHOOL DISTRICTS.
IT'S ONE OF THE BEST PLANNING TOOLS WE'VE EVER USED, BUT IT IS COMPLICATED.
I THOUGHT YOU WAS YOU STILL HAD AN INFORMAL HOST, COMMUNITIES DO THESE.
YEAH, WE DO WE HAVE AN ELEMENT AS TO WHETHER OR NOT WE'LL KEEP IT AS A PART OF THIS REWRITE, BUT WE DO HAVE ONE.
THIS IS BACK TO A LITTLE DIAGRAM ON CONFERENCE OF PLANNED RELATIONSHIPS, LAND OF CODE.
NOW, LET ME SAY, WHEN YOU ARE COMPLETED WITH THAT LAND DEVELOPMENT CODE BOX.
OF. ZONING ISSUES LIKE PLAN REVIEWS, SUBDIVISION REVIEW THAT.
YOU PASS IT OFF. YOU DON'T NEED TO SEE IT AGAIN, YOU PASS IT OFF TO OUR ESSENTIALLY.
AT. UM, I THINK YOU WOULD SAY IF YOU USE A FOR PEER REVIEWS IN THIS ARCHITECTURAL REVIEW, YEAH, MY POINT IS THAT THESE TECHNICAL MANUALS, BUILDING CODES. THIS IS THE PURVIEW OF THE EXPERTS.
AND SO. AND SO WHEN YOUR WORK IS FINISHED.
YOUR WORK IS FINISHED IN THAT BLUE BOX THAT I SHALL IN THE MIDDLE.
YOU DON'T SEE IT AGAIN, AND WHAT YOU APPROVE ARE PRELIMINARY PLANS, LUMINARY SITE PLANS, FINAL SITE PLAN AND THE FINAL PLANTS MUST BE APPROVED ADMINISTRATIVELY, BUT THEY MUST COMPLY WITH THE PRELIMINARY PLAN MUST BE SUBSTANTIALLY IN CONFORMITY.
BUT IF THEY'RE NOT, THEY HAVE TO.
IT'S BY 90 10 RULE, I GET 90 PERCENT OF THE ANSWER FOR 10 PERCENT OF THE COST.
THAT PRELIMINARY PLAN IS ENGINEERED, BUT IT'S A PRELIMINARY ENGINEERING LEVEL.
BUT ALL OF YOUR QUESTIONS CAN EASILY BE ANSWERED OR SHOULD BE IN ALMOST ALL CASES.
AND THEN YOU HAND IT OFF TO YOUR PROFESSIONAL PEOPLE, TECHNICAL STANDARDS AND.
THAT'S HOW THE PLAN WORKS, AND THAT'S HOW THE CODE FITS, AND THOSE ARE YOUR.
WHAT DO YOU DO ABOUT FIRE DEPARTMENTS THAT HAVE CODES TO CONFLICT WITH WHAT YOU'RE TRYING TO DO FROM A LAND DEVELOPMENT POINT OF VIEW? IN OTHER WORDS, YOU BRING SOMEBODY BRINGS A SITE PLAN BEFORE COMMUNITY, BECAUSE THROUGH TECHNICAL REVIEW AND PART OF THAT TECHNICAL REVIEW IS THE FIRE, SO YOU CAN'T PUT THE BUILDING THERE BECAUSE I CAN'T GET THERE OR SOMETHING LIKE THAT, IT DRASTICALLY AFFECTS WHETHER YOU CAN APPROVE THE DEVELOPMENT OR NOT.
I'VE SEEN THAT HAPPEN. WELL, IF IT IS AN ACTUAL SIGHTING KIND OF QUESTION.
THAT WOULD SHOW UP ON A PRELIMINARY SITE PLAN, BUT I'M SAYING IS THAT THE FIRE DOESN'T STAND BY ITSELF OVER HERE AFTER THE COMMUNITY'S GONE THROUGH THE LAND OF REGULATION AND REVIEW IT BIG TIME AFFECTING A LOT OF TIMES HOW YOU DO THAT REVIEW.
SO YOU GOT ZONING AND LAND DEVELOPMENT AND THEN YOU GET FIRE.
SOMETIMES THEY WERE LIKE, WELL, THERE OUGHT TO BE IF THERE ARE ISSUES THAT.
YOUR ADOPTION OF THE SITEPOINT CONFIGURATION THAT YOU SHOWED HAS THE POTENTIAL TO INTERFERE OR HAVE ISSUES RELATED TO FIRE PROTECTION, SO THAT OUGHT TO BE AT LEAST ADDRESSED IF NOT DESIGNED, AT LEAST ADDRESSED IN THE PRELIMINARY FLIGHT PLAN REVIEW.
SO THE FIRE DEPARTMENT, I WOULD SUGGEST, HAS AN OPPORTUNITY TO REVIEW THOSE PLANS AS PART OF THE REVIEW PROCESS AND TO COMMENT ON THOSE THINGS AT THE PRELIMINARY STAGE.
WHAT YOU WANT TO BE CAREFUL IS THAT YOU GET IT AT THE PRELIMINARY STAGE, NOT AT THE POINT AFTER THEY'VE DONE ALL THE ENGINEERING.
OH YEAH, BUT EVEN AT THE PRELIMINARY STAGE THEY CAN INTERFERE WITH JUST SIMPLY BY SAYING THE FIRE CODE SAYS A, B AND C.
AND I'M JUST SAYING FROM MY PERSPECTIVE AND FROM MY EXPERIENCE BECAUSE I'VE DONE THIS, IS THAT THEY HAVE AN OUTSIZED IMPACT SOMETIMES ON THE REVIEW OF WHETHER A DEVELOPMENT CAN GO
[01:40:05]
FORWARD IN A PARTICULAR WAY SIMPLY BECAUSE THEY POINT TO A CODE.AND IT'S NOT LIKE FLEXIBILITY ISN'T BUILT INTO THAT.
AND THAT'S ALL I'M SAYING IS THAT SOMETIMES IT DOESN'T STAND BY ITSELF THAT LATER ON OR, YEAH, THE FIRE CODE HAS, IT APPLIES.
WHAT I'M SAYING, WHAT I'M TRYING TO SAY, WE JUST FROM A LITTLE BIT OF A DISCUSSION.
IS ANYTHING THAT WOULD INTERFERE WITH THE COMPLETION OF THAT PROJECT, AS APPROVED IN THE PRELIMINARY [INAUDIBLE] PLAN NEEDS TO BE IDENTIFIED AT THE PRELIMINARY STAGE.
NOT AT THE TIME THAT THEY ROLL.
THE DRAWINGS COME IN WITH ALL THE DETAILS.
SO YOUR PROCESS SHOULD ALLOW FOR THAT REVIEW AT AT A PRELIMINARY STAGE IN THE PRELIMINARY STATE IF IT HAS THE POTENTIAL EFFECT OF.
RENDERING THAT PRELIMINARY SITE PLAN UNDOABLE.
THEN YOU'VE DONE A GREAT DISSERVICE TO THE PROCESS.
THAT'S THE WRONG TIME, BECAUSE I'VE BEEN IN THAT SITUATION BEFORE.
BELIEVE ME, I AS AS A PLANNING DIRECTOR, I'VE.
NOT TOO MANY TIMES, BUT THE FINAL PLAN CAME IN AND ONE OF NOT NECESSARILY FIRED, BUT THE STORM WATER PEOPLE, SOMEBODY SAID, OH NO, YOU CAN'T PUT THIS HERE.
WAIT A MINUTE, WHERE WERE YOU? WHEN WE HAD IT, SO YOU WANT TO MAKE SURE THAT THERE WAS AN OPPORTUNITY FOR THAT REVIEW TO TAKE PLACE, THEN THEY OUGHT TO BE.
AND ONCE YOU. ONCE THAT'S BEEN DONE.
WHAT WHAT WOULD YOU DO IF IT DOES IN FACT HAPPEN TO COME BACK WELL, THEN YOU HAVE A PROBLEM, NOT A CONFLICT, BUT YOU WANT TO SET UP YOUR PROCEDURES SO YOU AVOID THOSE.
IT MAY SIMPLY BE A MATTER OF THE FIRE DEPARTMENT REVIEW SITE PLANS.
YOU DO. YEAH, YEAH. AND I THINK WHAT HE'S SAYING IS THAT THEY ARE YOU ARE DOING THIS AT THE DRC LEVEL, BUT HE'S SAYING FIRES COME MIGHT DEGRADE THE SITE PLAN OVERALL, IT'S IMPACTING IT IN SUCH A WAY WHERE ZONING MIGHT WANT THE BUILDING HERE, AND I'D EVEN GO BEFORE THAT. I WOULD SAY ONCE YOU START LOOKING TO AMEND LAND DEVELOPMENT REGULATIONS, YOU MAY WANT TO INCLUDE THEM AT THAT LEVEL BECAUSE IF I'M JUST TALKING GENERALLY IN A COMMUNITY, NOT NECESSARILY TAMARAC OR ANY OTHER COMMUNITY, JUST THAT THEY CAN HAVE AN OUTSIZED IMPACT DOWN THE LINE.
YEAH, IF YOU INVOLVE THEM EARLIER ON DURING A [INAUDIBLE] DEVELOPMENT REGULATIONS AMENDMENT, FOR EXAMPLE, IF YOU'RE THINKING OF A NEW DISTRICT AND NEW STANDARDS AND THINGS LIKE THAT, IT'S PROBABLY WISE TO INCLUDE THEM.
WELL, AGAIN, AND I'M SPEAKING HERE WITH JUST A LITTLE BIT OF INFORMATION, BUT MY THOUGHT WOULD BE IS YOUR LAND DEVELOPMENT REGULATOR MIGHT SAY YOU MUST INVOLVE, YOU MUST GIVE THE FIRE DEPARTMENT AN OPPORTUNITY FOR COMMENT.
AND FOR OUR FOR OUR CODE, IT LISTS THE MEMBERS ON DRC.
IT REALLY TELLS YOU WHO IS INVOLVED AND THE FIRE DEPARTMENT, THE BROWARD SHERIFF'S OFFICE, SOMEONE FROM BUILDINGS.
SO IT TELLS YOU THE MEMBERS OF YOUR DRC COMMITTEE.
AND FOR US, IT INCLUDES A FIRE DEPARTMENT.
AND EVEN BEFORE IN THE REVIEW OF ANY AMENDMENTS, YES, WE TRY TO INCLUDE THEM AND SEND IT OVER TO. AND DON'T WE ALSO WHEN WE WE DID OUR PLAN, WE TRY TO MAKE IT WHERE.
BY THE WAY, WHAT WE DID TO REDO EVERYTHING, TO MAKE IT EASIER FOR PEOPLE TO ACCESS AND NO FOR THE FREE COMMUNICATION, SO A DEVELOPER COMING IN SHOULD BE LOOKING AT THE WONDERFUL READING MATERIAL AND BEING THE MAIN, YOU KNOW, FOR SOME PUTS THEM TO SLEEP AND SOME EXCITES THEM THAT THEY WOULD KNOW WHERE THEY SHOULD GO IN THE BEGINNING AND WHAT CONVERSATIONS TO BE HAD BEFORE THEY SHOULD GO AND SPEND ALL THAT MONEY.
I KNOW WHAT YOU'RE TALKING ABOUT WHEN YOU HAVE THIS GREAT PLAN.
THEY SPENT ALL THIS MONEY AND THEN ALL OF A SUDDEN THEY GET THERE AND WE DON'T KNOW IF WE COULD DO THIS OR WHAT'S GOING TO HAPPEN.
AND SOMETIMES IT'S ONUS ON THE DEVELOPER COMING IN TO KNOW WHAT'S REQUIRED, AND THEN IT'S BASICALLY THE RULES THAT WE HAVE IN PLACE AND TRYING TO A LOT OF WHAT WE'VE DONE IS TRYING TO HAVE OUR DEVELOPERS.
READ OUR STUFF COME TALK FIRST BEFORE GOING THROUGH THAT VERY EXPENSIVE PROCESS TO BE ABLE TO HAVE A SMOOTHER PROCESS SO WE CAN GET TO, YES, QUICKER, THEN AS WE KNOW, TIME IS MONEY FOR EVERYBODY.
AND IT ALSO CREATES ANGST, WHETHER IT'S FOR THE COMMUNITY OR FOR THE APPLICANT OR THE CITY. SO MY FINAL COMMENT, I PULL BACK UP JUST AT ONE SIDE IF THEY CAN'T BILL THAT EXACTLY THE WAY THAT IS THERE.
IF THEY CAN'T BUILD, THEN THEN YOU MISS THE POINT, THAT'S THAT.
IF THAT'S APPROVED AS A PRELIMINARY PLAN, THE DEVELOPER SHOULD BE ABLE TO BUILD THAT EXACTLY THE WAY THAT'S DONE, AND THAT'S WHAT HE'S EXPECTED TO DO.
SO ANYTHING THAT WOULD INTERFERE WITH THAT SHOULD HAVE BEEN REVIEWED IN THAT PRELIMINARY PROCESS. AND I THINK HE'S SAYING IT IS AND THE CONFLICT IS OCCURRING THERE BECAUSE WE HAVE OUR OWN EXAMPLE.
WE'RE IN DRC AND FIRE LIKES, BUILDINGS SPRINKLED.
AND SO IN THE DRC PROCESS, THEY WOULD BE INSISTENT TO HAVE THE BUILDING SPRINKLERS.
BUT THE DEVELOPER BELIEVES THAT THAT'S A HUMONGOUS COST.
IT'S VERY EXPENSIVE AND IT REALLY IMPACTS HOW THEY PASS THAT ON TO THE END USER.
AND SO IN OUR PROCESS, FIRE IS INSISTING THAT THE BUILDINGS BE SPRINKLED IS NOT SOMETHING
[01:45:04]
THAT ZONING NECESSARILY WANTS OR THINKS IT'S APPROPRIATE.BUT WE'RE FINDING THAT THAT MIGHT IMPACT THE DEVELOPMENT.
YOU KNOW, ULTIMATELY, BECAUSE THE DEVELOPER IS SAYING THIS IS AT A COST THAT I ULTIMATELY HAVE TO PASS ON.
IN HIS CASE, HE'S SAYING IT'S THE ORIENTATION OF THE BUILDING.
THE FIRE DEPARTMENT IS SAYING, I NEED TO HAVE MAYBE A LANE IN THE BACK OR I MAY NEED TO HAVE SO THE FIRE TRUCKS CAN GET BY.
AND IT MIGHT CHANGE WHERE THE BUILDING ENDS UP ON THE SITE BECAUSE FIRES INSISTING THAT THEY NEED. YEAH.
I MEAN, YOU MAY END UP HERE, BUT THAT'S NOT WHERE YOU WANTED TO END UP AS A COMMUNITY, YOU MIGHT HAVE HAD AN IDEA WHERE THE BUILDING FLIPS AND IT COMES CLOSER TO THE STREET OR WHATEVER. BUT THE FIRE DEPARTMENT PUT THE KIBOSH ON IT BECAUSE IT FOR THEIR PURPOSES THAT THEY COME UP WITH SOMETHING OUT OF THEIR CODE THAT SAYS, NO, NO, THAT WON'T WORK.
THAT'S ALL I'M SAYING. SO IT CAN AFFECT.
WHAT IS APPROVED AND HOW THAT PROCESS WORKS MUCH EARLIER THAN JUST LATER ON AFTER THE APPROVAL HAPPENS, I MEAN, THEY HAVE THAT ROLE AFTER THE APPROVAL, BUT THEIR EFFECT HAPPENS EVEN EARLIER.
YES, SO WE HAVE ANOTHER QUESTION, AND THEN WE WILL.
NO, NO, NO. JUST REALLY QUICKLY, I JUST WANTED TO ASK FOR MY OWN EDIFICATION.
SPRINKLED. DOES THAT MEAN SPRINKLERS IN THE BUILDING OR SPACED OUT? IN THE BUILDING SO DESIGNED TO BE BUILT IN THE STRUCTURE ITSELF? AND SO WE'RE HEARING THAT THAT CAN BE AT A HUGE COST, PARTICULARLY IF YOU'RE BUILDING AN ENTIRE COMMUNITY WHEN YOU'RE BEING ASKED TO PUT IT IN EACH BUILDING.
ALL RIGHT, WELL, LADIES AND GENTLEMEN, THANK YOU SO VERY MUCH.
IT IS CURRENTLY 10:53, SO WE WILL COME BACK HERE AT 11:05, 11:10, 11:10, AND AT THAT TIME, WE WILL THEN HAVE A CHANGE OF THE GUARD FOR OUR CITY ATTORNEY.
MR. JEFFREY HAS TO LEAVE AND THEN WE WILL HAVE MR. HART, WHO WILL APPEAR BY ZOOM.
SO EVERYONE, SEE YOU AT 11:10.
HEY. SO, LADIES AND GENTLEMEN, IT IS NOW 10:13, 11:13.
AND WE ARE GOING TO RESUME OUR TRAINING SESSION.
BY SIGHT, WE HAVE ALL THE MEMBERS STILL PRESENT OTHER THAN THE CITY ATTORNEY WHO WILL BE SWITCHING OUT AND COMING ON VIA EMAIL.
COMMISSIONER GELIN IS BEING CONTACTED.
COMMISSIONER BOLTON IS NOT ATTENDING.
[Session #2-Decision Making]
MR. [INAUDIBLE] THANK YOU.OUR SECOND SESSION IS ABOUT DECISION MAKING.
NOW WITHIN THAT PERIOD OF PLANNING PROCESS.
WHEN PEOPLE TALK ABOUT STREAMLINING CODES OR MAKING THE PROCESS MORE PREDICTABLE, THEY USUALLY ARE NOT TALKING ABOUT THE ACTUAL REGULATIONS THEMSELVES.
THEY'RE USUALLY TALKING ABOUT PROCESS, HOW DECISIONS ARE MADE.
AND SO THAT'S ESSENTIALLY WHAT WE WANT TO TALK ABOUT HERE IS HOW DO YOU MAKE ALL OF THAT WORK? HAS ALL THAT COME TOGETHER IN TERMS OF WHAT I'VE JUST BEEN A COUPLE OF HOURS TALKING. MAKING DEVELOPMENT DECISIONS PREDICTABLE, FAIR AND COST EFFECTIVE.
LOCAL GOVERNMENTS HAVE BROAD AUTHORITY TO PLAN AND MANAGE GROWTH.
AND THEY ARE ACTUALLY THREE ROLES THAT YOU HAVE LEGISLATIVE IS MAKING LAWS, QUASI-JUDICIAL IS APPLYING LAW AND ENFORCEMENT, OF COURSE, IS ACTUALLY IMPLEMENTING AND CARRYING IT OUT. THE WORLD.
POWERS OF LOCAL GOVERNMENT, WHEN WE SAY YOU'VE GOT BROAD POWERS, YOU DID NOT GET THEM FROM CHAPTER 163, YOU HAVE ALWAYS HAD THEM.
AS A LOCAL GOVERNMENT, LOCAL GOVERNMENTS IN FLORIDA HAVE BROUGHT HOME RULE POWERS, AND IT'S THOUGHT A CONSTITUTIONAL ARTICLE EIGHT, I BELIEVE.
NON CHARTERED GOVERNMENTS, THAT'S COUNTIES THAT ARE DON'T HAVE A CHARTER, HAVE THEIR POWERS, ARE PRESCRIBED BY STATE STATUTE CHARTER GOVERNMENTS, I'M PRETTY SURE IT IS.
THEY ESSENTIALLY HAVE THE POWERS OF MUNICIPALITIES OF SELF-GOVERNMENT NOT INCONSISTENT WITH GENERAL LAW OR WITH SPECIAL LAW APPROVED BY VOTERS.
AND MUNICIPALITIES SUCH AS YOURSELF, THEY'LL HAVE GOVERNMENTAL, CORPORATE AND PROPRIETARY POWERS MAY EXERCISE ANY POWER OR MUNICIPAL PURPOSE EXCEPT AS OTHERWISE PROVIDED.
NOW, THE REASON THAT CHAPTER 163 IS SORT OF VIEWED AS THE AS THE THE AUTHORITY IS, BECAUSE IT IS SO EXTENSIVE THAT IT COVERS ALMOST EVERYTHING IN PLANNING.
BUT YOU HAD THAT POWER REGARDLESS.
YOU ALREADY HAD IT, YOU HAVE IT.
BUT THAT'S A PRESCRIBED BY LAW.
[01:50:04]
POWERS OF LOCAL GOVERNMENT, LOCAL GOVERNMENTS HAVE BROUGHT HOME RULE POWERS, FLORIDA STATUTES. THIS IS JUST.DOCUMENTING A LITTLE BIT OF WHAT I JUST SAID.
THE CHAPTER 166 WAS WHERE YOU GET YOUR MUNICIPAL POWER SHALL BE CONSTRUED AS TO SECURE FOR MUNICIPALITIES THE BROAD EXERCISE OF HOME RULE POWERS GRANTED BY THE CONSTITUTION EXTEND THE EXERCISE OF POWERS FOR MUNICIPAL GOVERNMENTS.
OPERATING PROPRIETARY POWER IS NOT EXPRESSLY PROHIBITED BY THE CONSTITUTION GENERALLY OR BY SPECIAL LAW, AND TO REMOVE ANY LIMITATIONS ON THE EXERCISE OF HOME RULE POWERS OF THE [INAUDIBLE] SO JUST TRYING TO.
JUST REINFORCE THE NOTION THAT YOU GOT ALL THESE POWERS YOU HAVE THEM AS.
I DO A LOT OF WORK WITH THE LEAGUE OF CITIES, AND I KNOW THAT THEY ARE CONSTANTLY DEALING WITH THE QUESTION OF HOME RULE, TRYING TO MAKE SURE THAT POWERS ARE RETAINED.
INTERVENE IN THAT ALL SORTS OF WAYS.
AH, COMMUNITY PLANNING ACT SPECIFICALLY SAYS THAT THE INTENT IS NOT TO BE INTERPRETED TO LIMIT OR RESTRICT LOCAL GOVERNMENT, BUT INTERPRETED AS A RECOGNITION OF BROAD STATUTORY POWERS TO PLAN AND REGULATE.
ALSO, THE COMMUNITY PLANNING ACT SAYS THE PURPOSE IS TO UTILIZE AND STRENGTHEN EXISTING ROLE PROCESSES AND POWERS OF LOCAL GUIDE AND MANAGE FUTURE DEVELOPMENT CONSISTENT WITH THE PROPER ROLE. SOMETIMES, WE MAY HAVE TO DECIDE WHAT THAT PROPER ROLE IS, BUT.
THE COMMUNITY PLANNING ACT ALSO SAYS THE SCOPE OF THE ACT, MUNICIPALITIES AND COUNTIES SHALL HAVE THE POWER AND RESPONSIBILITY TO PLAN FOR FUTURE GROWTH AND DEVELOPMENT, TO ADOPT AN DEMAND, COMPREHENSIVE PLANS TO ADOPT LAND DEVELOPMENT REGULATIONS AND TO ESTABLISH ADMINISTRATIVE INSTRUMENTS.
THESE ARE ESSENTIALLY COMPREHENSIVE PLANNING ACT TYING PLANNING PROVISIONS BACK INTO HOME RULE. CLARIFYING.
AND AS A SLIDE YOU SAW EARLIER, WHAT HE'S WHAT IT COMES DOWN TO AS EACH LOCAL GOVERNMENT, EACH COUNTY AND EACH MUNICIPALITY MUST HAVE.
NOW, BY THE WAY, ONLY ONE OF SIX STATES IN REQUIRE THAT.
OF IN MOST STATES, YOU HAVEN'T YOU CAN HAVE A COMPREHENSIVE PLAN, BUT YOU DON'T HAVE TO HAVE ONE, AND IT DOESN'T HAVE THE LEGAL EFFECT BECAUSE IN FLORIDA AND THERE ARE ONLY FIVE OTHER STATES HAVE SIMILAR.
LIKE, THEY ARE SOMEWHAT DIFFERENT IN HOW THEY EVER, BUT THE POINT IS THAT IT'S ALREADY HAS SOMEWHAT UNIQUE IN THIS REGARD.
AND THE MANDATE OF COMPREHENSIVE PLAN IS THE CENTRAL FEATURE OF THAT.
NOW, MAKING THE DEVELOPMENT DECISIONS THAT ARE PREDICTABLE FARE AND COST EFFECTIVE.
ARE THE GENERAL RULES THAT WE WANT TO LOOK AT IS THE UNBIASED DECISION MAKING.
TALK ABOUT HOW THAT'S MAINTAINED, APPLY THE LAW TO THE FACTS.
A STRONG STAFF. SUBSTANTIAL COMPETENT EVIDENCE.
WRITTEN HEARING PROCEDURES, DOCUMENTATION OF FINDINGS, MAINTENANCE RECORDS.
REGULAR REVIEW OF PLANS AND CODE.
THESE ARE SORT OF AN OUTLINE ISSUES SUCH ON.
NOW, WHO ARE THE DECISION MAKERS? WELL, THE PRIMARY DECISION, BUT YOU REMEMBER THAT IS THE SLIDE I SHOWED YOU, WE HAD THE BIG GREEN CIRCLE WHERE THE PRIMACY OF THE COMPREHENSIVE PLAN AND THE IMPORTANCE OF LOCAL GOVERNMENT. ESSENTIALLY, FLORIDA HAS PLACED THE RESPONSIBILITY FOR BUILDING OUR COMMUNITIES WITH THE LOCAL GOVERNMENT.
AND THE ELECTED BODY OF THE LOCAL GOVERNMENT IS THE KEY AGENCY.
ALL THAT ESSENTIALLY BACK TO THEM AS AS THE AUTHORITY.
SO THE ELECTED BODY ISD ARE COUNTING, OBVIOUSLY THE CITY.
THEY ARE THE ULTIMATE LEGISLATIVE AUTHORITY.
THEY APPOINT THE LOCAL PLANNING AGENCY, WHICH IS THE PLAN BOARD, AND I UNDERSTAND THEY ADOPTED THEM IN THE COMPREHENSIVE PLAN.
THEY ARE THE FINAL DETERMINATION OF CONCURRENCY.
THERE IS NO YOU CAN BE CHALLENGED ON CONSISTENCY, BUT THERE'S NO POLICE FORCE AT THE
[01:55:04]
STATE LEVEL LOOKING TO SEE IF YOU'RE CONSISTENT.EVENTUALLY, THE LOCAL ELECTED BODY IS THE FINAL TERMINAL THAT CAN BE CHALLENGED.
OF COURSE, WHEN YOU [INAUDIBLE] COMPREHENSIVE PLANS, THERE ALMOST ALWAYS WEST AND FROM A LEGISLATIVE AUTHORITY, THE COMMISSION ADOPTS AN AMENDS THE LAND DEVELOPMENT CODE, YOU KNOW, AS I SAID, THE TEXT, THEY ALSO ADOPTED THEM IN THE ZONING MAP, BUT THAT'S NOT LEGISLATION. THAT'S QUASI-JUDICIAL.
SO WHAT IS THE COMMISSION IS THE ULTIMATE LEGISLATIVE AUTHORITY WITH THOSE GENERAL POWERS THAT RELATE TO THAT ELECTED.
THEY ARE ALSO THE ULTIMATE QUASI-JUDICIAL AUTHORITY WITHIN YOUR COMMUNITY.
THEY ADOPTED THEM IN THE ZONING MAP AND THEY DELEGATED ADMINISTRATIVE AND ENFORCEMENT AUTHORITY TO THE ADMINISTRATIVE HEARING OF.
THAT, IN OTHER WORDS, THEY DEFINE HOW THAT QUASI-JUDICIAL PROCESS AND WITHIN.
AND I PRESUME THAT A COMMUNITY COULD HAVE A SITUATION WHERE EVERYTHING.
ACTUALLY. YOU KNOW, I DON'T RECOMMEND THAT EVEN IN SMALL.
BUT ESSENTIALLY, YOU ARE YOU ARE THE ULTIMATE QUASI-JUDICIAL AUTHORITY AND YOU BUT YOU MAY DELEGATE CERTAIN ASPECTS OF THAT.
I HAVE A QUESTION FOR YOU. WHY WOULDN'T YOU RECOMMEND THAT? WELL, ONE IS I MENTIONED EARLIER, I GAVE YOU HILLSBOROUGH COUNTY EXAMPLES OF A MILLION PEOPLE. BUT 400 ITEMS WENT TO THE BOARD WENT TO THE FISH AND 20000 WERE APPROVED.
YOU. OR BECAUSE THAT HAD BEEN DELEGATED TO SOMEBODY TO DO.
YOU DON'T WANT TO SAY ANYTHING, YOU WOULD NEVER SEE THAT KIND OF NUMBER, BUT YOU DON'T WANT TO BE SEEING, AN EFFICIENT PROGRAM MEANS THAT YOU'RE GOING TO THAT.
MANY THINGS THAT ARE THAT ARE COMING THROUGH THE SYSTEM ARE BEING APPROVED, AND THE MORE YOU CAN DO WITH THAT MORE, YOU CAN BE COMFORTABLE WITH THAT AS A MEANS OF MAKING GOOD DECISION GENERALLY, THE BETTER THE SYSTEM WORKS.
BUT THIS IS WHERE YOU DO THAT.
ULTIMATELY, YOU COULD HAVE A PROVISION WHERE EVERYTHING HAD TO COME TO THE COMMISSION.
NOT VERY EFFICIENT AND NOT DESIRABLE, THE THIS IS WHERE YOU DEFINE HOW THAT WORK.
AND THIS EXERCISE OF AUTHORITY THAT YOU HAVE.
WELL, YOU ALSO ARE THE ULTIMATE FISCAL.
APPROVE DEVELOPMENT AGREEMENTS, AMEND THE CABINET APPROVAL PROGRAM, STOP THESE SECURITY INSTRUMENTS AND SO FORTH, EXCEPT THAT LAND.
LOCAL PLANNING AGENCY, YOUR CASE IS THE PLANNING COMMISSION AND GENERALLY IS.
ALL THE KEY FOR THE COMPREHENSIVE PLAN.
NOW, FLORIDA LAW DOES NOT CREATE A PLANNING COMMISSION.
NOTHING IN FLORIDA LAW THAT SAYS PLANNING COMMISSION HAS TO LOOK LIKE.
IT ONLY CREATES A LOCAL PLANNING AGENCY TO REVIEW THE COMPREHENSIVE PLAN AND SAYS YOU MUST HAVE ONE. ARE.
IT IN SMALLER CITIES, IT OFTEN IS, THE BOAT IS THE COUNCIL, CITY COUNCIL, CITY COMMISSION . THEY TAKE ALL ONE HAT AND PUT ON THE OTHER.
THEY DON'T HAVE ENOUGH PEOPLE, I WORK FOR A NUMBER.
THEY DON'T HAVE ENOUGH PEOPLE TO MAINTAIN, MAY NOT EVEN HAVE A PLANNING COMMISSION.
BUT THE KEY IS THE LOCAL PLANNING AGENCY IS THE KEEPER OF THE COMPREHENSIVE PLAN, THEIR ACTIONS UNDER THIS ROUTE.
NOW THIS RULE OF LEGISLATIVE, YOU MAY ALSO REVIEW ZONING.
THAT'S NOT LEGISLATIVE, AND THAT IS NOT THE LOCAL PLANNING AGENT THAT IS THAT IS A ROLE THAT IS ALWAYS AN QUASI-JUDICIAL IN NATURE.
AND WHEN YOU'RE REVIEWING A ZONING MAP CHANGE, YOU TAKE, YOU'RE NOT WEARING THIS HAT, YOU'RE WEARING A QUASI-JUDICIAL HAT.
LITTLE CONFUSING, ESSENTIALLY, BUT YOU RECOGNIZE THAT THE LOCAL PLANNING AGENCY IS THE ONLY ONE IN STATE LAW THAT'S ACTUALLY TRIED AS BEING REQUIRED, AND IT DOESN'T, IT IS WHOEVER LOCAL GOVERNING BODY IN YOUR CASE, COMMISSION, WHOEVER YOU DECIDE TO ASSIGN THAT TO AND YOU HAVE ASSIGNED IT TO YOUR PLANNING COMMISSION, WHICH IS THE NORMAL PROCESS.
[INAUDIBLE] BUT THESE ACTIONS AS THE KEEPER OF THE PLAN ARE LEGISLATIVE, YOU CAN INITIATE TAXING MAP AMENDMENTS, HOLD PUBLIC HEARINGS, MAKE RECOMMENDATIONS AND REVIEW IMPLEMENTING ACTIONS FOR CONSISTENCY WITH A COMPREHENSIVE PLAN.
THAT'S IN ESSENCE THIS ROLE AS THE LOCAL PLANNING AGENCY.
YOU MAY ALSO BE A ZONING BOARD.
[02:00:03]
THIS COULD BE A SEPARATE AGENCY.IN BOTH CASES, IT IS THE SAME, BUT IT'S A DIFFERENT FUNCTION.
REVIEW PETITIONS FROM LAND DEVELOPMENT CODE.
THESE ACTIONS ARE QUASI-JUDICIAL.
YOU CAN CONDUCT HEARINGS, RECEIVE COMMENT, REVIEWS OF TANGIBLE EVIDENCE, MAKE FINDINGS AND RECOMMENDATIONS ANY, AND YOU MAY BE DELEGATED LIMITED APPROVAL AUTHORITY.
FOR EXAMPLE, THE PLANNING COMMISSION MIGHT HAVE THE AUTHORITY TO APPROVE SOME SUBDIVISION PLATS. IT'S THIS DEPENDS ON THE CHOICE OF THE COMMISSION IN STRUCTURING THE CODE.
HOW YOU DO THAT IS ENTIRELY WITHIN WHETHER THE CODE IS STRUCTURED IN TERMS OF WHAT DECISIONS OF THE ADMINISTRATOR CAN MAKE, WHAT DECISIONS ARE A BOARD CAN MAKE.
EITHER YOU DON'T HAVE A DEVELOPMENT REVIEW BOARD, SO I WON'T GET INTO IT, BUT BUT IT'S SIMPLY BOARD TO SOME COMMUNITIES HAVE WHICH GET INTO MORE DESIGN LIKE SITE PLANS.
AH OK, WELL, THAT'S AN INTERESTING.
HOW DO THEY VOTE? BUT I'M SORRY, YEAH, YEAH, WELL, THE REASON THE REASON I THE REASON I RAISED THAT.
IS BECAUSE YOU CAN EASILY GET INTO SUNSHINE IS ON HOW THOSE ARE STRUCTURED.
AND WHAT I'M TALKING ABOUT HERE IS A DEVELOPMENT REVIEW BOARD THAT IS IN FACT A ESTABLISHED BOARD THAT HAS THAT OPERATES NOTICED MEETINGS.
WHAT I WAS GETTING AT, THOUGH, IF YOU SIMPLY HAVE ONE THAT OPERATES INSIDE OF YOUR COMMUNITY OF THE CITY STRUCTURE, YOU'RE GOING TO BE IN VIOLATION SUNSHINE IF THEY VOTE.
WHAT WHAT YOU DO WITH THOSE IS THEY MAKE A RECOMMENDATION TO THE.
THEY IF THEY VOTE, YOU GOT A SUNSHINE.
ALL RIGHT, SO IT'S A PUBLIC BOARD, IF IT'S A PUBLIC BOARD, THAT'S THAT'S THAT'S FINE.
BUT THERE ARE A LOT OF A LOT OF STRUCTURE THAT A LOT OF COMMUNITIES THAT WILL HAVE SOME KIND OF INFORMAL COMMITTEE THAT'S MADE UP GENERALLY OF STAFF PEOPLE WHO COME TOGETHER AND REVIEW A CASE, GO FORTH AND MAKE AND OBVIOUSLY PROVIDE INPUT TO THE PLANNING DIRECTOR.
WHAT'S IMPORTANT IS THAT THEY DON'T VOTE ON ANYTHING.
THIS IS A THIS IS A PORT TO THE PLANNING DIRECTOR WHO THEN.
THANKS. THAT'S PART OF THE RECOMMENDATION.
BUT WHAT YOU'RE DESCRIBING, ACTUALLY.
AND THEY MAY HAVE ACTIONS LIKE, YOU SEE, THEY VIEW ACTIONS.
BUT VERY, VERY IMPORTANT, I THE REASON I STRESS THAT IS BECAUSE IT'S VERY EASY TO SAY, WELL, WHY DON'T WE JUST CREATE A COMMITTEE TO DO SOMETHING? AND WHEN YOU REALIZE THAT WAIT A MINUTE, THE COMMITTEE MEMBERS CAN'T TALK TO EACH OTHER.
WELL, STAFF NEEDS TO TALK TO EACH OTHER.
AND SO YOU HAVE TO BE VERY CAREFUL THAT YOU DON'T INADVERTENTLY.
CREATE A COMMITTEE THAT IS SUPPOSED TO BE IN SUNSHINE, BUT AND IT CAN'T TALK AND WALK ACROSS THE HALL AND TALK TO SOMEBODY ELSE IN THE LAB, OVERDO THAT.
BUT IT IS A IT'S EASY TO FALL INTO THAT TRAP.
BUT IT SOUNDS LIKE YOU'RE. PUBLIC AGE GROUP THAT HAS HEARINGS.
BOARD OF ADJUSTMENT, WE TALKED A LITTLE BIT ABOUT BOARDS OF ADJUSTMENT, DEAL WITH VARIANCES, INTERPRETATIONS, APPEALS OR ADMINISTRATIVE DECISIONS BECAUSE OF WHAT WE WOULD CALL EQUITABLE RELIEF KINDS OF ISSUES THAT HAVE TO BE BUILT IN THE CODE.
I UNDERSTAND THAT YOUR PLANNING COMMISSION ACTUALLY HAS.
WELL, THIS IS A MUCH MORE RESTRICTED FUNCTION AND ONE THAT IS HIGHLY QUASI-JUDICIAL IN NATURE AND HINTED TO BE A LIMITED USE ONLY WHERE YOU HAVE ISSUES WHERE THE CODE DOESN'T.
THERE'S SOMETHING IT CAN'T IF YOU HAVE THE CODE, THEY PROBABLY CAN'T BE REASONABLY USED, BASICALLY. OK.
NOW I WANT TO TALK, WE'LL TALK A GOOD BIT ABOUT THE IMPORTANCE OF STAFF SUPPORT, PROVIDING STAFF REPORTS FOR ALL DECISION MAKERS IS REALLY AN ESSENTIAL COMPONENT OF WHAT WE TALK ABOUT HERE FOR A GOOD PROGRAM.
FULL STAFF SUPPORT FOR ELECTED OFFICIALS APPOINTED OFFICIAL ADMINISTRATORS HELPS THE PROCESS MOVE MORE QUICKLY AND PREDICTABLY ENSURES THAT SHOULD ASSURE THAT ALL RELEVANT INFORMATION IS ANALYZED AND THAT ADEQUATE FINDINGS WILL BE DRAFTED TO SUPPORT DECISIONS THAT YOU MAKE.
[02:05:07]
TYPICALLY, THE KEY STAFF PEOPLE IN THE LOCAL GOVERNMENT INVOLVED IN THIS PROCESS, ALL THE PLANNING DIRECTOR, AND THIS IS A DELEGATED AUTHORITY FROM THE MANAGER.FACTUALLY ADMINISTRATOR, BUT IS NORMALLY DELEGATED TO TO A PLANNING DIRECTOR.
WHO MANAGED THE PROCEDURES AND VARIOUS SITTING RIGHT BESIDE THAT IS THE ADVICE COUNSEL OF THE CITY OR COUNTY ATTORNEY.
THESE REALLY GO TOGETHER AND YOU'LL SEE THEM.
ATTORNEYS, AS WELL AS THE PROFESSIONAL PLANNERS ALWAYS INVOLVED IN PROCESS THAT I WON'T BE [INAUDIBLE] TO YOU.
THAT MANAGEMENT OF PROCEDURES IS A CRITICAL PIECE OF THE PLANNING DIRECTOR ROLE AND YOU WANT THEM TO BE ABLE TO DO THAT BECAUSE THAT'S THE WAY IN WHICH YOU DETERMINE THAT SOMETHING PROJECT IS MEETING THE PROCEDURAL GUIDE.
PROCESS AND THE PLANNING DIRECTOR SHOULD HAVE FAIRLY BROAD AUTHORITY TO MANAGE THE PROCESS ITSELF.
SUBJECT TO YOUR REVIEW. THE PLANNING IS PLANNING ON THAT PLANNING DIRECTOR HAS A PRIMARY RESPONSIBILITY FOR IMPLEMENTING THE COMPREHENSIVE PLAN.
PRIMARY RESPONSIBILITY FOR ADMINISTERING ENFORCING THE LAND DEVELOPMENT CODE AND SUPPORTS ACTIONS OF DECISION BOARDS, COMMISSIONS, MANAGEMENT PROCEDURES WHEN YOU JUST TOUCHED ON.
PREPARATION AND REVIEW OF EVIDENCE.
THEY MAINTAIN THE RECORD, AND THEY USUALLY WILL HAVE SOME MINISTERIAL APPROVAL AUTHORITY THAT YOU DELEGATED THROUGH THE SETTLEMENT CODE, AND THIS USUALLY IS VERY TIGHTLY DEFINED IN TERMS OF COMPLIANCE WITH THE CODE IN TERMS OF WHAT THE ADMINISTRATOR.
AS AUTHORITY, THAT MIGHT BE A LARGE, LARGE PART OF THE REVIEWS THAT YOU SEE, BUT IT SIMPLY MEANS THAT THEY FULLY COMPLY WITH YOU WITH YOUR POLICY AND REGULAR.
NOW, SOMEHOW, I'VE GOT THIS THING.
BOB, I WANT TO. WELL, I'LL GO.
CITY COUNTY ATTORNEY IN YOUR CASE.
THEY GIVE YOU LEGAL ADVICE, COUNSEL AND LEGAL ON TWO PRIMARY FUNDS.
THEY THOUGHT REGARDING THE LEGAL SUFFICIENCY OF ACTIONS AND INTERPRETATION OF THE PLAN.
AND LEGAL SUFFICIENCY OF PROCEDURE RELATED TO THE PLAN.
UH, IN OTHER WORDS, IS WHAT YOU'RE DOING, WILL IT PASS? NOW THE THE ATTORNEY IS NOT, SHOULD NOT BE MAKING THE INTERPRETATION THAT'S THE PLANNING DIRECTOR. BUT THE ATTORNEY NEEDS TO BE VALUE, WHETHER OR NOT WHAT YOU'RE DOING IS LEGALLY SUFFICIENT OR WHETHER YOU'VE GOT AN ISSUE WITH IT.
DOES THE CITY ATTORNEY ATTEND ALL OF YOUR MEETINGS WITH? BUT WE DO. THE REASON I SAY THAT IS THAT THIS IS THIS.
LIGHTING DIRECTOR OF THE CITY COUNCIL, THANKS TO HAVE.
CITY ATTORNEY. IS A VERY CLOSE RELATIONSHIP.
BUT THE. HAVE WHAT WE HAD WHEN I WAS THE DIRECTOR IN HILLSBOROUGH COUNTY, WE WOULD HAVE OUR REGULAR MEETINGS TO DISCUSS PROJECTS THAT.
THE ATTORNEY WAS ALWAYS THERE.
THEY WERE ALWAYS IN CONSULTATION WITH EVERYTHING.
AND ATTENDED THE. BUT THAT BUILDS UP OVER TIME IS A FOR EXAMPLE, IF THE ATTORNEY IS THERE EVERY TIME, NOT GOING TO HAVE TO EXPLAIN THE PROCEDURE EVERY TIME OR EVERY TIME THEY COME TO A QUESTION BECAUSE YOU HAVE A HISTORY.
REACTION MEAN THE ATTORNEY AND THE BOARD.
HOUSING, AS WELL AS THE STAFF IS THERE, WHETHER WHAT YOU'RE DOING IS LEGALLY.
YOU'RE STEPPING OUT OF MY. THIS CITY.
[02:10:03]
ALL RIGHT. UNBIASED DECISION.BOARD BOSSES AND CONFLICTS OF INTEREST.
THOROUGH PREPARATION. BACK HERE.
TOUCHING ON SOME OTHER WAYS TO LOOK AT THAT, SERVING AS A PLANNING OFFICIAL.
YOU KNOW, ONE. AND THIS HAS TO DO WITH THE CONDUCT OF THE PLANNING.
WHY IS IT OUR DEVELOPMENT DEAL WITH THESE ISSUES OF ETHICS? I'M NOT GOING TO GET. HELP.
ACTION FROM THOSE ISSUES FROM.
YEAH. OUT EARLY ON, BUT THEY ARE PART OF THE PROCESS, AND OF COURSE, ALL THOSE RULES VERY MUCH APPLY PLANNING AND ZONING.
ROB? WHAT I DO WANT TO TALK ABOUT, OF COURSE, IS THIS NOTION OF LEGISLATIVE ACTION VERSUS QUASI-JUDICIAL AND IN THIS PART OF THE UNBIASED DECISION MAKER.
SAW A SLIDE EARLIER WHERE ANY DECISION YOU MAKE OR ANY RELATION TO THE PLANNING IS A LEGISLATIVE. NOT RESTRICTED ON WHO YOU TALK.
[INAUDIBLE], HOW YOU TALK TO THEM, A PUBLIC MEETING.
BUT CONFLICT, EX PARTE COMMUNICATION.
SUCH AS TALKING TO THE DEVELOPER ABOUT A PROJECT THAT'S GOING TO COME BEFORE YOU ARE TALKING TO A NEIGHBORHOOD GROUP.
OH, BECAUSE YOU ARE ACTING AS A JUDGE.
UM, I'D LIKE CLARIFICATION ON THAT.
IN A SMALLER SCOPE, BECAUSE [INAUDIBLE] UM.
ALL RIGHT, SO WELL, AND I DEFER TO MAXINE CALLOWAY AS AN ATTORNEY AS WELL.
I'M NOT ACTING IN HER ROLE AS A CITY ATTORNEY AT THIS POINT IN TIME, BUT KNOWLEDGEABLE ON THE ROLE OF WHAT QUASI JUDICIAL.
AND I'M ASKING THIS ON PURPOSE BECAUSE IT NEEDS TO BE SOME CLARIFICATION BECAUSE.
WE DO SPEAK DEVELOPERS TO BE ABLE TO KNOW THE PROCESS, MY UNDERSTANDING IS SOMETHING DIFFERENT, CERTAIN THINGS GO AHEAD.
SO FOR THE CITY OF TAMARAC, EX PARTE COMMUNICATION AND QUASI JUDICIAL PROCEEDINGS ARE COVERED IN THE CODE, SO IT'S IN YOUR CHAPTER TWO.
IT HAS AN ENTIRE PROCESS BY WHICH YOUR GOVERN IN TERMS OF IF YOU DO SPEAK TO SOMEONE, WHAT NEEDS TO HAPPEN. IT HAS TO BE DISCLOSED AT THE COMMISSION MEETING, WHICH OF COURSE YOU GO THROUGH A PROCESS EVERY TIME WITH YOUR CITY ATTORNEY.
BUT WE DO HAVE YOU DO HAVE A POLICY THAT IS OUTLINED IN CHAPTER TWO RELATIVE TO QUASI JUDICIAL PROCEEDINGS AND EX PARTE COMMUNICATION.
THAT'S THE PROVISION THAT WE'RE HOPING TO AMEND AND BRING BACK TO YOU.
THAT DEALS WITH, OF COURSE, A REVIEW PROCESS.
THAT'S ONE OF THE PROCESS, BUT YOU DO HAVE LEGISLATION OR ORDINANCE THAT GOVERNS THAT, AND THAT'S WHAT THIS CITY HAS BEEN DOING.
EVEN WITH. AND WITH THAT, IT'S IT'S FOR INFORMATIONAL PURPOSES, NOT FOR THE COMMENTARY OF SAYING YES OR NO TO A PROJECT TO KEEP THE THE BIAS OUT OF THERE BECAUSE IT IS SUPPOSED TO BE AN UNBIASED DECISION PROCESS WHEN IT COMES TO THE ACTUAL LEGISLATIVE OR QUASI-JUDICIAL PROCESS. THE ABILITY TO BE EDUCATED ON THE PROCESS HAS TO BE FAIR WHEN YOU TALK TO DEVELOPERS AND BEING ABLE TO TALK WITH STAFF TO GET INFORMATION.
YOU ALSO TALK TO THE PRESIDENT.
THAT WAS THE UNDERSTANDING FOR WHY WE DO HAVE THE ABILITY TO TALK TO PEOPLE OUTSIDE IT.
WE JUST CAN'T STATE SHOULDN'T BE STATING OUR POSITION ON IT BECAUSE THAT BIAS RIGHT AND THE CODE PROVIDE GUIDELINES.
HANDLE THEMSELVES IN THIS, WHAT MAXINE JUST DESCRIBED IS BASICALLY CONSISTENT WITH WHAT YOU SEE THERE IS YOU.
I MEAN, HOW I SEE IT FROM A MORE GENERAL PERSPECTIVE, HOW YOU DO IT DEPENDS ON YOUR OWN ATTORNEY'S DECISIONS AND HOW YOU APPLY, SO THERE MAY BE SOME NUANCES DIFFERENT FOR THE EX PARTE COMMUNICATION WOULD BE A DISCLOSURE FOR ANYONE YOU TALK TO THAT [INAUDIBLE] TO
[02:15:05]
THINK HAS NOTHING TO DO WITH IT, SUBSTANTIVE OR NOT, BUT YOU SOLVE THE PROBLEM.DISCLOSURE, STAFF IS NOT TALKING TO STAFF AND NOT.
NOW, AGAIN, THAT WOULD BE YOUR ATTORNEY MIGHT INTERPRET THAT DIFFERENTLY.
THAT'S THE COMMON INTERPRETATION THAT I THINK YOU WOULD FIND MORE BECAUSE THAT STARTS TO CREATE DIFFICULTIES IN YOU GETTING FULL INFORMATION.
BUT THE STAFF IS AN EXTENSION OF YOU.
THEY ARE NOT A THEY'RE NOT THEIR OWN BODY OR THEY DON'T HAVE A VESTED INTEREST IN THE OUTCOME. THEY'RE BASICALLY FACILITATING THE PROCESS.
BUT THE KEY THERE IS RECOGNIZING THE QUASI-JUDICIAL HEARING, OR QUASI-JUDICIAL PROCESS THAT DISCLOSURE IS HE BACK? I MEAN, ALL YOU HAD TO DO SOMETHING SIMPLE TO SAY.
AND OBVIOUSLY, IF YOU GOT THE REASON FOR THIS EVENT THAT THERE'S AN ISSUE THAT'S BROUGHT UP THAT DOESN'T HAVE AN ANSWER.
THE OTHER SIDE HAS NOT HAD A CHANCE TO SPEAK WITH THAT.
AND IF SOMETHING IS RAISED IN IN A MEETING OF THAT TYPE THAT YOU HAD A QUESTION ABOUT, THEN THE APPROPRIATE WAY TO DO IT WOULD BE TO DISCLOSE IT.
AND IT HAD ASKED THAT QUESTION TO BE ADDRESSED EITHER AT THE HEARING OR [INAUDIBLE].
UP, BUT A LEGISLATIVE ACT WHEN YOU [INAUDIBLE] TO THE COMPREHENSIVE PLAN DOES NOT HAVE THIS RESTRICTION AT ALL.
NOW, NOT SO MUCH SUNSHINE WE'RE TALKING ABOUT EX PARTE COMMUNICATION, WHICH IS NOT [INAUDIBLE] BUT EASILY CONFUSED.
LET ME ALSO MAKE ONE OTHER COMMENT THAT RELATES TO THAT, THOUGH, THAT GOES [INAUDIBLE] ONE OF THE PROBLEMS THAT STAFF HAS TO GUARD AGAINST IS BEING A MESSENGER AND, FOR EXAMPLE, IF LET'S SAY THAT THE STAFF BRIEF [INAUDIBLE] COMMISSIONER I HAD A PRACTICE WHEN I WAS IN HILLSBOROUGH COUNTY [INAUDIBLE] I WOULD BRIEF ALL OF THE COMMISSIONERS BEFORE ANY LAND-USE MEETING ABOUT WHAT WAS ON THE AGENDA INDIVIDUALLY, BUT I COULDN'T SHARE ONE COMMISSIONER'S COMMENTS WITH ANOTHER.
THAT WOULD HAVE BEEN A VIOLATION OF SUNSHINE BECAUSE I WAS A MESSENGER.
THOUGH WE DO GET INTO SUNSHINE KIND OF ISSUES, BUT THAT'S PROBABLY THE MOST OBVIOUS ONE THAT WE HAVE TO GUARD AGAINST [INAUDIBLE]PEOPLE TYPICALLY IS NOT TOO TELL ONE COMMISSIONER ONE ANOTHER COMMISSIONER SAID, WE'RE NOT THERE [INAUDIBLE] TAKE A POLL THERE TO SHARE INFORMATION AND GIVE AN UPDATE ON WHAT THE [INAUDIBLE] EX PARTE COMMUNICATION QUASI-JUDICIAL OFFICER SHOULD NOT TESTIFY ABOUT WHAT YOU SAW, HEARD, ET CETERA, EXCEPT DURING DISCLOSURE, BECAUSE THEN YOU'RE BECOMING A WITNESS.
IF YOU RECEIVE WRITTEN COMMUNICATION, THIS SHOULD BE MADE PART OF THE RECORD.
EX PARTE COMMUNICATION RULES DO NOT APPLY TO STAFF AND PUBLIC.
THESE COMMUNICATIONS ARE ENCOURAGED.
EX PARTE COMMUNICATION RULES DO NOT APPLY TO COMMUNICATION BETWEEN BOARD MEMBERS AND CITY COUNTY ATTORNEY [INAUDIBLE] LEGAL [INAUDIBLE] SOME GENERAL.
NOW AGAIN, WHAT'S IMPORTANT IS THAT YOU HAVE IN WORKING WITH YOUR STAFF AND CITY ATTORNEY, A GOOD UNDERSTANDING OF HOW YOU DO THESE THINGS HERE IN YOUR CITY, YOU MAY HAVE SOME NUANCES, BUT THE GENERAL [INAUDIBLE] I THINK [INAUDIBLE].
APPLY THE LAW TO THE FACTS, JUSTICE BRENNAN SAID AFTER ALL, A POLICEMAN MUST KNOW THE CONSTITUTION [INAUDIBLE], SO WHAT ARE SOME OF THE LEGAL CONSTITUTIONAL LEGAL FOUNDATIONS? FIFTH AMENDMENT, NO PERSON SHOULD BE DEPRIVED OF PROPERTY WITHOUT DUE PROCESS, ALL THE PROPERTY RIGHTS AND NO PROPERTY SHALL BE TAKEN WITHOUT JUST COMPENSATION.
THIS SAME PRINCIPLE IS CARRIED THROUGH IN THE STATE [INAUDIBLE] AND MOST OF WHAT WE DO IN THIS BUSINESS OF PLANNING AND GROWTH MANAGEMENT.
THE TAKING ISSUE IS WE CAN GO TOO FAR.
HAS THE REGULATION GONE SO FAR AS TO REMOVE ALL REASONABLE USE OF THE PROPERTY AND IF IT HAS, THEN IT WOULD BE IN VIOLATION OF THE TAKING RULE.
SECOND PART OF THAT, IT HAS TO DO WITH EMINENT DOMAIN THE ABILITY OF THE PUBLIC TO FIRE
[02:20:07]
PROPERTY [INAUDIBLE], BUT THEY CAN'T DO SO WITHOUT JUST COMPENSATION, WHICH APPLIES TO A LOT OF ATTORNEYS WHO WORK THROUGH EMINENT DOMAIN ISSUES AND ARGUE THAT NEVER [INAUDIBLE] BUT THIS FIFTH AMENDMENT HAS TWO BASIC [INAUDIBLE].IT'S INTERESTING, I THINK YOU HAD JUST RECENTLY APPROVED A PLAN AMENDMENT ADDING A PUBLIC A PROPERTY RIGHTS ELEMENT TO YOUR PLAN, WHICH THE LEGISLATURE REQUIRED AS A LEGISLATIVE SESSION. THEY ACTUALLY PROVIDED SOME SPECIFIC LANGUAGE FOR THAT, AND I'M NOT GOING TO BRING IT UP BECAUSE I UNDERSTAND THAT YOU HAVE [INAUDIBLE] AS IT WAS PRESCRIBED IN THE LEGISLATION, BUT I'M NOT SURE THAT WAS NECESSARY, BUT AND I DIDN'T SEE ANYTHING IN THE LEGISLATION THAT WAS COUNTER TO CERTAINLY MY UNDERSTANDING OF THE ISSUES THAT WOULD [INAUDIBLE] RESPECT IN [INAUDIBLE] BUT ESSENTIALLY, THE FIFTH AMENDMENT IS A KEY UNDERPINNING OF MUCH OF THE FLORIDA CONSTITUTION ALSO [INAUDIBLE] IN THAT CAN'T BE DEPRIVED OF PROPERTY WITHOUT DUE PROCESS, AND IN THE LEGISLATION ITSELF, THE INTENT IS TO RECOGNIZE AND RESPECT CONSTITUTIONALLY PROTECTED PROPERTY RIGHTS.
ALL RULES, ORDINANCES, REGULATIONS, ET CETERA MUST BE APPLIED WITH SENSITIVITY [INAUDIBLE] BEEN IN THE STATUTE.
NOW WE HAVE SOMETHING CALLED THE BERT HARRIS ACT AND THIS WOULD MODIFY TO SOME DEGREE, I BELIEVE [INAUDIBLE] TRY TO INTERPRET WHAT THEY [INAUDIBLE] BUT THE BERT HARRIS ACT ESSENTIALLY SAID THAT [INAUDIBLE] FURTHER THAN THE [INAUDIBLE] CONSTITUTIONAL [INAUDIBLE] SAID THAT A PROPERTY MAY BE INORDINATELY BURDENED BY THE ACTION OF GOVERNMENT PROPERTY OWNER'S PERMANENTLY UNABLE TO OBTAIN A REASONABLE INVESTMENT [INAUDIBLE] AND THAT PROPERTY OWNER BEARS [INAUDIBLE] DISPROPORTIONATE. SO [INAUDIBLE] AFFECT THIS WENT FURTHER THAN THE TAKINGS ISSUE [INAUDIBLE] PROPERTY APPLICATION OR [INAUDIBLE] HAVE THIS [INAUDIBLE] PROVE THAT OR SHOW [INAUDIBLE] ACTION [INAUDIBLE] IT'S A FAIRLY INVOLVED SET OF RULES, ESSENTIALLY ONLY MEANS THAT YOU'VE GOT [INAUDIBLE] MADE AN APPLICATION [INAUDIBLE] ACTUALLY SHOW THIS [INAUDIBLE] SITUATION.
THINK WHAT HAPPENED, I WAS DOING SOME [INAUDIBLE] ALACHUA COUNTY.
THEY HAD A PIECE OF PROPERTY THAT WAS TAKEN [INAUDIBLE] PROPOSED [INAUDIBLE] THAT I'M GOING TO FOLLOW BERT HARRIS.
WELL, THIS PROPERTY COULD HAVE ACCOMMODATED ALL OF [INAUDIBLE].
FOUR MILLION SQUARE FEET OF THIS HUNDRED ACRES AT THE [INAUDIBLE].
THAT WAS HARDLY AN INVESTMENT BACK.
[INAUDIBLE] THE BERT HARRIS ACT CLAIM THAT THE IDEA [INAUDIBLE] FOUR MILLION SQUARE FEET [INAUDIBLE] WOULD OCCUR IS FARFETCHED.
SO, THE KEY IS THAT BERT HARRIS ACT CLAIMS HAVE A PROCESS THEY MUST GO THROUGH.
ALL SET OF CONDITIONS HAVE TO BE MET TYPICALLY IN [INAUDIBLE] AND THEN REMEDIES THAT ARE
[02:25:04]
SPECIFICALLY SPECIFIED IN THE LEGISLATION TO SOLVE THE PROBLEM, INCLUDING BUYING IT OR SIMPLY ALLOWING IT TO HAPPEN.WAS IMPOSSIBLE TO GET INTO A LOT OF DETAIL ON WHAT IT MEANS BECAUSE IT'S A CASE BY CASE ISSUE, BUT I THINK ALL OF YOU ARE AWARE [INAUDIBLE] THIS IS ONE OF THOSE YOU NEED GOOD LEGAL ADVICE ABOUT, WHETHER YOU'RE CROSSING ANY OF THESE LINES.
A RATIONAL NEXUS AND ROUGH PROPORTIONALITY THERE MUST EXIST SOME LOGICAL CONNECTION.
THE PROBLEM IS [INAUDIBLE] GOVERNMENT INTEREST.
I'M NOT GOING TO GET INTO THE DETAIL ON THOSE CASES, SO MUCH LIKE [INAUDIBLE] NOLLAN VERSUS CALIFORNIA, [INAUDIBLE], U.S.
SUPREME COURT BASICALLY SAID YOU'VE GOT TO ESTABLISH THIS RATIONAL NEXUS.
CASE IN POINT WAS A PERSON WHO WANTED TO BUILD A RESIDENCE ON THE COASTLINE OF CALIFORNIA AND COASTAL COMMISSION CALIFORNIA SAID, YOU'VE GOT TO GIVE US AN EASEMENT FOR THE ACCESS TO THE BEACH AND THE SUPREME COURT SAID, OH, THAT'S NOTHING TO DO WITH THE BUILDING [INAUDIBLE] RIGHT OUT HERE, BUT IT'S [INAUDIBLE] THERE IS NO RATIONAL NEXUS.
ROUGH PROPORTIONALITY [INAUDIBLE] SITUATION WHERE THE CITY OF TIGARD WANTED BACK SOME LAND TRAIL ALONG THE CREEK, THEY HAD NO PLAN FOR IT, THEY JUST DECIDED THEY WANTED TO DO IT FOR THIS PARTICULAR PROPERTY.
WAIT A MINUTE, YOU'VE GOT TO HAVE SOME ROUGH PROPORTIONAL GOING THAT THERE'S A PUBLIC INTEREST IN THEM GIVING THIS AND THAT THE GOVERNMENT [INAUDIBLE] SO IN EFFECT, WHAT THIS IS, NOT THAT YOU CAN'T REQUIRE THESE KINDS [INAUDIBLE].
[INAUDIBLE] HOW MANY STUDENTS? ESTABLISH A RATIONAL NEXUS, THEN WHEN YOU CHARGE AN IMPACT FEE, YOU'VE GOT TO SHOW SOME RATIONAL [INAUDIBLE] BASED ON THAT.
WHY THAT'S IMPORTANT IS THAT IF YOU ARE LOOKING AT A REVIEW [INAUDIBLE] IT AND YOU DECIDE THAT THEY NEED TO IMPROVE A ROADWAY DOWN THE [INAUDIBLE] AWAY TO [INAUDIBLE] YOU CAN ONLY REQUIRE THAT THE EXTENT THAT [INAUDIBLE] DISPROPORTIONATE SHARE.
THEY MAY AGREE TO DO MORE THAN THAT BECAUSE THEY MAY NEED IT, BUT YOU CAN'T REQUIRE IT AND SO YOU HAVE TO BE VERY CAREFUL WHEN YOU ARE TALKING ABOUT EXACTIONS THAT YOU ARE REQUIRING SOMETHING THAT HAS A RATIONAL NEXUS OF PROPORTION [INAUDIBLE] BEING ASKED.
ALL RIGHT. SO I WANTED TO TOUCH JUST ON THOSE TWO KEY ISSUES BECAUSE THOSE CAN EASILY AFFECT DECISIONS THAT YOU MAKE.
PRIMACY OF THE COMPREHENSIVE PLAN [INAUDIBLE] TOUCHING BASE, AGAIN, THAT RELATIONSHIP [INAUDIBLE] LEGISLATIVE, ALL DEVELOPMENT AND ACTION TAKEN BY [INAUDIBLE] GOVERNMENT [INAUDIBLE] DEVELOPMENT [INAUDIBLE] SHALL BE CONSISTENT WITH [INAUDIBLE] ALL LAND OF REGULATIONS SHALL BE CONSISTENT WITH THE PLAN AND THE LOCAL PLANNING AGENCY MUST REVIEW LAND DEVELOPMENT REGULATIONS.
THESE ARE PROCEDURES YOU ALREADY HAVE IN YOUR CODE [INAUDIBLE].
THESE ARE SIMPLY EXCERPTS FROM LEGISLATION RELATED TO THE RELATIONSHIP BETWEEN [INAUDIBLE]. LEGISLATION MEANS YOU'RE MAKING LAW, QUASI-JUDICIAL IS APPLYING LAW.
NOW YOU HAVE TO READ THAT FOR A MINUTE, YOU HAVE NO ENTITLEMENTS OR RIGHTS, AND YOU WON'T HAVE ANY RIGHTS UNLESS WE GIVE THEM, EVERYBODY AGREE WITH THAT? IS THAT TRUE? THAT'S NOT TRUE, BUT A LOT OF THE PEOPLE THAT COME INTO THIS PROCESS, PARTICULARLY PEOPLE MAY HAVE OBJECTIONS TO WHAT YOU'RE DOING [INAUDIBLE] AND HE SAID, NO, WAIT A MINUTE, WE'RE NOT GOING TO LET YOU COME INTO TAMARAC UNLESS YOU.
THESE ARE ENTITLEMENTS. THESE ARE PRIVILEGES THAT IS NOT [INAUDIBLE] YOU CAN RESTRICT THEM
[02:30:02]
BECAUSE OF [INAUDIBLE] BUT NOT A QUESTION OF [INAUDIBLE] DOING [INAUDIBLE] HAS TO BE IN THE CONTEXT OF [INAUDIBLE] OF WHETHER YOU LIKE IT OR NOT CASE BY CASE.MOST LAND USE DECISIONS IMPLEMENT PREVIOUSLY DETERMINED POLICY DECISIONS MADE IN THE COMPREHENSIVE PLAN AND ARE CONSIDERED QUASI-JUDICIAL.
THIS IS THE KEY COURT CASE THAT GUIDES THIS CONCEPT.
ZONING IS QUASI-JUDICIAL IF IT AFFECTS A LIMITED NUMBER OF PROPERTIES AND IF YOU DID A COMPREHENSIVE REZONING, THAT MIGHT WELL BE A LEGISLATIVE ACT, BUT IF WHAT YOU TYPICALLY SEE IN REZONES IF SOMEONE HAS PETITIONED FOR A REZONING, IT'S A LIMITED NUMBER OF PROPERTIES. STATE SUPREME COURT HAS CLEARLY SAID THAT IS A QUASI-JUDICIAL ACT.
PETITIONER MUST FIRST DEMONSTRATE CONSISTENTLY WITH THE COMPREHENSIVE PLAN THAT'S USUALLY NOT THAT HARD TO DO. [INAUDIBLE] PEOPLE LOOK AT THAT.
OUR PLAN GOES AT THAT PARTICULAR ZONING IN THERE [INAUDIBLE] IS CONSISTENT WITH THE PLAN, ALTHOUGH IN SOME CASES IT MIGHT BE MORE INVOLVED.
THE LOCAL GOVERNMENT MUST SHOW THAT DENIAL SERVES A LEGITIMATE PUBLIC PURPOSE AND IS NOT ARBITRARY, UNREASONABLE, OR DISCRIMINATORY.
SO IF THAT APPLICANT COMES IN WITH HE'S GOT A I'M JUST USING A RESIDENTIAL SUBURBAN AND HE WANTS TO CHANGE FROM AGRICULTURE TO R-2, AND THAT R*2 IS CONSISTENT WITH THAT PLAN, THEN HE'S MET MAYBE OTHERS WHO BASICALLY HE'S MET THAT BURDEN.
IF YOU'RE GOING TO DENY THAT, YOU'VE GOT TO SHOW THAT'S A LEGITIMATE PUBLIC PURPOSE, NOT ARBITRARY, UNREASONABLE, OR DISCRIMINATORY AND THAT MUST BE BASED ON SUBSTANTIAL COMPETENT LEVELS. I GO TO THE GOVERNMENT, MEANING THE COURTS WILL NOT INTERVENE IF YOU BASED YOUR DECISION ON SUBSTANTIAL COMPETENT EVIDENCE, EVEN THOUGH THEY MIGHT DISAGREE.
NOW YOU OFTEN WILL HAVE CASES WHERE YOU HAVE SUBSTANTIAL COMPETENT EVIDENCE.
YOU CAN DECIDE WHICH ONE OF THAT YOU'RE GOING TO BASE YOUR DECISION ON, AND AT LEAST AS I UNDERSTAND THE LAW IN THESE CASES, THE COURT WOULD NOT INTERVENE.
IF YOU DIDN'T HAVE ANY SUBSTANTIAL THAT SUGGESTED THAT DENIAL MET THE STANDARD OF PUBLIC PURPOSE, NOT ARBITRARY, SO FORTH, THEN YOU TYPICALLY COULD HAVE [INAUDIBLE].
OK, LET ME ASK IF THERE ARE QUESTIONS ABOUT THAT, BECAUSE WHAT THIS IS TRYING TO DO HERE IS TO FRAME THE BASIC LEGAL FRAMEWORK THAT YOUR DECISION WORKS WITHIN, AND I WANT TO TALK ABOUT THE PROCESS ITSELF.
ANY QUESTION ABOUT THIS LEGAL FRAMEWORK THAT I'VE TRIED TO LAY OUT ? OK, NOW I MENTIONED EARLIER THAT THERE'RE REALLY ONLY FOUR LEVELS OF ACTUAL REVIEW ADMINISTRATION AND I'LL DESCRIBE THOSE HERE AND SIMPLY CLARIFYING YOUR ADMINISTRATIVE PROCEDURES AND MAKING IT CLEAR ABOUT HOW DECISIONS ARE MADE, WHO MAKES THEM. THAT GOES A LONG WAY TO MAKE SENSE OUT OF YOUR CODE.
ONE I MENTIONED, I WAS IN HILLSBOROUGH COUNTY IN THE 1991, WE HAD THIS UNIFIED CODE [INAUDIBLE], THEY WERE ALL OVER THE PLACE.
YOU HAD ONE OVER [INAUDIBLE] SIGNS AND YOU HAD [INAUDIBLE] WATER AND WELL, IF YOU RECALL MY OUTLINE OF A CODE A LITTLE BIT EARLIER, ALL THOSE PROCEDURES WERE IN ONE PLACE AND YOU SIMPLY DECIDED WHICH OF THESE PROCEDURES DOES THIS APPLICATION FIT? THE LEVEL ONE IS A MINISTERIAL (ADMINISTRATOR), IF YOU'LL EXCUSE ME, I JUST GOT WORD, I THOUGHT WE NEEDED FIVE MORE MINUTES, BUT SINCE WE'RE KIND OF AT THAT BREAK, BEFORE YOU GO IN THERE, IF WE CAN TAKE FIVE MINUTES TO, EVERYBODY CAN GRAB THEIR LUNCH.
OH YEAH, THIS WOULD BE A PLACE FOR IT.
THAT'S WHAT I FIGURED. YEAH, THIS WOULD BE A GOOD PLACE TO.
I THOUGHT I NEEDED FIVE MORE MINUTES.
I DON'T. EVERYONE, WE'RE GOING TO TAKE A FIVE MINUTE RECESS.
THANK YOU. LADIES AND GENTLEMEN, WE ARE BACK ON THE RECORD.
[INAUDIBLE] HAD TO LEAVE, SO OTHER THAN THAT, EVERYONE THAT YOU SEE HERE IS STILL PRESENT AND FORGIVE ME BECAUSE.
[02:35:10]
.. THREE OF US ON THE COMMISSION ARE STILL PRESENT.THANK YOU. TO BRING US BACK TO WHERE WE WERE, I COMMENTED EARLIER THAT IT'S VERY IMPORTANT THAT YOUR ADMINISTRATIVE PROCEDURES ARE CLEAR, AND I THINK PREFERABLY IN YOUR CODES IN ONE PLACE AND CONSISTENTLY [INAUDIBLE].
THERE ARE REALLY ONLY FOUR LEVELS OF REVIEW THAT ANY CODE WOULD HAVE.
YOU MAY SEE A LOT OF OTHER [INAUDIBLE] PROCEDURES [INAUDIBLE] A NUMBER OF DIFFERENT PROCEDURES, BUT THEY FUNDAMENTALLY ALL GO TO FOUR LEVELS.
FIRST LEVEL IS PERMIT FROM A STAFF.
SECOND ONE IS ALSO A PERMIT, BUT GENERALLY [INAUDIBLE].
SECOND ONE, IT HAS TO DO ADMINISTRATIVE, BUT IT GENERALLY INVOLVES SOME KIND OF PLAN REVIEW [INAUDIBLE] MAY INVOLVE OTHER AGENCIES, BUT IT'S STILL RELATED TO COMPLIANCE.
THE THIRD ONE IS WHERE YOU'VE DELEGATE AUTHORITY TO ANOTHER ENTITY, SUCH AS THE PLANNING COMMISSION OR HEARING OFFICER OR A DEVELOPMENT REVIEW COMMITTEE OR SOMETHING OF OF THAT NATURE AND THEN THE FOURTH ONE IS A DECISION THE COMMISSION MAKES.
SO ESSENTIALLY, WHAT I WANT TO DO IS TO TALK ABOUT ORGANIZING YOUR PROCESS IN THE CONTEXT OF THESE FOUR ELEMENTS.
IF YOU RECALL, THE OUTLINE OF A CODE THAT I SUGGESTED HAD ADMINISTRATION IN ONE PLACE.
FIRST LEVEL IS A LEVEL ONE ADMINISTRATION MINISTERIAL.
THESE ARE PERMITS/CERTIFICATIONS/INTERPRETATIONS.
THEY GENERALLY INVOLVE A SIMPLE REVIEW AND WHAT THE ADMINISTRATOR IS DETERMINING, DO THEY COMPLY WITH THE CODE? THE ADMINISTRATOR DOESN'T HAVE ANY AUTHORITY TO CHANGE THE CODE.
THEY MIGHT HAVE SOME ABILITY TO MAKE EXCEPTIONS OR ADJUSTMENTS, BUT WITHIN A LIMITATION THAT WAS DEFINED IN THE CODE AND SO FORTH, BUT IT'S VERY LIMITED.
PRIMARILY, THEY'RE IN EFFECT SAYING THIS APPLICATION COMPLIES WITH THE CODE.
THE DECISION IS SUBJECT TO APPEAL, BUT YOU RARELY EVER SEE THAT.
IN FACT, I DON'T RECALL [INAUDIBLE] YEARS ACTUALLY SEEING AN APPEAL FROM [INAUDIBLE].
THE APPEAL WOULD BE ON THE BASIS OF AN ERROR, NOT THAT YOU JUST DIDN'T LIKE IT, IT WOULD BE [INAUDIBLE]. SO ESSENTIALLY, THAT'S THE RULES OF THE GAME FOR LEVEL ONE.
AGAIN, IT'S CODE COMPLIANCE THE ADMINISTRATOR SIMPLY SAYS IT COMPLIES.
LEVEL TWO IS SIMILAR, EXCEPT TYPICALLY YOU'RE DEALING WITH A PLAN REVIEW OR A TECHNICAL DESIGN. FOR EXAMPLE, A STORMWATER PLAN MIGHT NEED TO BE REVIEWED BY THE [INAUDIBLE] COMPLIANCE THERE, BUT IT'S STILL AN ADMINISTRATIVE PROCESS, AND THE DETERMINATION IS, DO THEY MEET THE CODE? NO PUBLIC HEARING AGAIN, SUBJECT TO APPEAL, FINDING AN ERROR AND SO FORTH.
NORMALLY THIS TYPE OF REVIEW MIGHT TAKE SEVERAL WEEKS, MIGHT TAKE EVEN A COUPLE OF MONTHS BECAUSE IT IS A TECHNICAL REVIEW, BUT THE CRITERIA IS COMPLIANCE.
THEY'RE NOT ASKING FOR ANY EXCEPTIONS OR ANYTHING OTHER THAN [INAUDIBLE] MIGHT BE AUTHORIZED TO APPROVE. THIRD LEVEL HAS TO DO WITH AN APPOINTED BODY BEING DELEGATED TO THE DECISION AUTHORITY.
THE STAFF PROVIDE SUBSTANTIAL, COMPETENT EVIDENCE, THE PUBLIC HEARING, FINDING OF FACT, AND THE APPEAL WOULD BE PRESCRIBED BY THE LAND DEVELOPMENT CODE, HOW YOU WOULD TREAT AN APPEAL WOULD BE HOW YOU AS A CITY HAD DECIDED TO TREAT APPEAL FROM THOSE IN YOUR LAND DEVELOPMENT AND THEN FINALLY, THE FOURTH LEVEL IS WHERE THE ELECTED BODY MAKES A DECISION. ZONING AND REZONING IS A IN EFFECT, AN AMENDMENT.
AND ANY OTHER DISCRETIONARY DECISIONS THAT YOU CHOOSE TO RETAIN THE COMMISSION TO DO.
AGAIN, THAT'S A MATTER OF HOW YOU STRUCTURE YOUR CODE, HOPEFULLY.
THERE IS A RECOMMENDATION BY THE APPOINTED BODY.
IN MOST CASES, IT WOULD BE THE PLANNING COMMISSION, REVIEW A ZONING CASE AND GIVE YOU THEIR HEARING. THERE IS A PUBLIC HEARING, THERE'S A FINDING OF FACT.
THE FINDING OF FACT USUALLY IS EMBODIED IN THE MATERIAL THAT'S PROVIDED TO YOU IN YOUR DECISION AND THEN THE RECORD OF MINUTES OF THE HEARING THAT YOU CONDUCTED.
[02:40:07]
SO IT DOESN'T MEAN THAT YOU HAVE TO SIT DOWN AFTER THE FACT AND SPEND A LOT OF TIME WRITING A LONG REPORT ABOUT FINDINGS OF FACT, THEY COME OUT OF THE INFORMATION YOU HAVE AND YOU'VE MADE A RECORD [INAUDIBLE] HEARINGS AND THE APPEAL FOR YOUR DECISION IN THIS REGARD, USUALLY [INAUDIBLE] BOARD [INAUDIBLE] OBJECTION TO THE FINDING OF THE DECISIONS YOU MAKE. THE LANGUAGE IN THE CODE, IF YOU FOLLOW THIS STRUCTURE, IDENTIFIES THE STANDARDS, MAKES IT CLEAR HOW THEY WORK, WHO MAKES DECISIONS, THEN FOR ANY DECISION THAT IS MADE, WHICH OF THESE LEVELS IT FALLS WITHIN, AND THAT MAKES THE PROCESS SO MUCH MORE [INAUDIBLE] AND EASY TO UNDERSTAND, DOES IT GO A LONG WAY TO PREDICTABILITY AND TO UNDERSTANDING OF HOW THE PROCESS WORKS.NOW, THIS FLOW CHART SHOWS YOU HOW THOSE WORK TOGETHER.
YOU SEE THE LEVELS ONE, TWO, THREE AND FOUR.
YOU SEE THE ATTORNEY IS IN AN ADVISORY CAPACITY.
REMEMBER, I SAID, THE ATTORNEY ADVISES, AS THE LEGAL SUFFICIENCY OF DECISION INTERPRETATIONS AND ALSO ON PROCEDURE.
THE ADMINISTRATOR IS IN AN ANALYSIS CAPACITY IN ALL OF THESE.
APPLICATIONS COME TO THE ADMINISTRATIVE THEY DO MAKE THEIR REVIEWS AND DETERMINE WHETHER IT MEETS THE STANDARDS.
IN CASE LEVEL ONE AND TWO, THE ADMINISTRATOR IS THE APPROVAL.
REMEMBER, CODE COMPLIANCE IS WHAT THEY DETERMINE.
THE ADMINISTRATOR IS ALSO IN A RECOMMENDING AUTHORITY TO BOTH LEVEL THREE AND [INAUDIBLE], AND THEN THEY APPOINTED BOARD IS AN APPROVAL AUTHORITY FOR THOSE THAT ARE DELEGATED TO COME [INAUDIBLE] AND RECOMMENDING POSTURE FOR ITEMS THAT COME TO THE COMMISSION AND THEN FINALLY, THE ELECTED BODY ITSELF IS IN FULL CAPACITY IN LEVEL FOUR.
SO HOPEFULLY THIS HELPS TO DEFINE HOW THE VARIOUS [INAUDIBLE].
YES? MAXINE, ARE WE AT LEVEL FOUR? PLANNING COMMISSION IS AN APPOINTED BOARD.
RIGHT, BUT [INAUDIBLE] AND THAT'S A CHOICE YOU HAVE IN TERMS OF HOW YOU STRUCTURED IT.
THE [INAUDIBLE] IS THAT [INAUDIBLE] LEVEL ONE, TWO THREE REFLECTS THE STRUCTURE WE FIND IN MOST [INAUDIBLE].
ONE OF THE THINGS THAT'S VERY, VERY CRITICAL HERE AND I WILL EXPAND ON IT QUICKLY IS THIS ROLE OF THE ADMINISTRATOR AND THE ATTORNEY IN TERMS OF ALWAYS BEING IN ADVISORY AND ANALYSIS AND IN SOME CASES, THEY MAKE DECISIONS, BUT YOU SEE THAT RECOMMENDING [INAUDIBLE] RECOMMENDING [INAUDIBLE] IT'S JUST GOOD TO SEE WRITTEN.
I'M SORRY? IT'S JUST GOOD THAT I SEE IT WRITTEN NOW, SO I CAN ACTUALLY, YOU KNOW, IDENTIFY PHASES IN THE DIFFERENT [INAUDIBLE]. TALKED ABOUT ADMINISTRATIVE DECISIONS THAT CAN BE APPEALED AND THOSE ARE APPEALED TO THE PLANNING BOARD.
IT'S JUST THAT SINCE I HAVE BEEN HERE AND OF COURSE SINCE YOU HAVE BEEN ON THE PLANNING BOARD, WE'VE NOT HAD AN APPEAL OF AN ADMINISTRATIVE DECISION.
THOSE ARE AND LIKE [INAUDIBLE] ATTESTED TO, THEY'RE FEW AND FAR BETWEEN.
THAT'S HOW YOU CHOOSE TO SET UP THAT PROCESS [INAUDIBLE].
INCOMPLETE INFORMATION DOES NOT SUPPORT GOOD DECISION MAKING.
TALK ABOUT [INAUDIBLE]. STAFF REPORT.
ESSENTIAL AND CRITICAL DOCUMENT.
[02:45:01]
[INAUDIBLE] A POINT THERE THAT YOU SEE THAT THE STAFF [INAUDIBLE] ARE INVOLVED THROUGHOUT THAT PROCESS AND THAT IS A CRITICAL RELATIONSHIP, BECAUSE THAT'S THE BASIS ON WHICH THE DECISIONS ARE MADE [INAUDIBLE].IT'S ALSO THE BASIS ON WHICH IMPLEMENTATION ONCE THAT'S [INAUDIBLE].
SO THIS STAFF REPORT IS AN ESSENTIAL AND CRITICAL DOCUMENT.
IT PROVIDES THE BASIS FOR YOUR DECISION.
IT LINKS THE PROJECTS TO PLANS, POLICIES AND CODES THAT YOU [INAUDIBLE].
IT DEALS WITH SUBSTANTIAL, COMPETENT EVIDENCE, AND IT HAS TO DO RESULTS AND FINDINGS.
NOW. [INAUDIBLE] REVIEWING I'LL USE A ZONING CASE.
I FORESEE WHAT ARE THE QUESTIONS THAT [INAUDIBLE] ONE, IS IT CONSISTENT WITH THE COMPREHENSIVE PLAN? TALKED ABOUT THAT IN [INAUDIBLE].
DOES IT COMPLY OR CAN IT BE REASONABLY EXPECTED TO COMPLY WITH YOUR CODE? WHEN REZONE, YOU HAVEN'T SEEN A SITE PLAN OR SUBDIVISION PLAN LIKE YOU MIGHT SEE.
MOST LIKELY, YOU HAVE [INAUDIBLE].
REZONE SIMPLY FROM AGRICULTURE [INAUDIBLE] YOU BASICALLY HAVE CHANGED THE ZONING DESIGNATION, SAY R-1 TO R-2 AND THE QUESTION WOULD BE CAN YOU REASONABLY EXPECT THAT PROJECT TO COMPLY WITH YOUR CODES IF YOU MAKE THAT CHANGE? CAN IT MEET THE REQUIREMENTS REGARDING STREET DESIGN? IN OTHER WORDS, REASONABLE EXPECTATION.
CONCURRENCY IS A REASONABLE EXPECTATION THAT THE FACILITIES ARE [INAUDIBLE], ROADWAYS WILL BE [INAUDIBLE].
IT'S ONE OF THOSE THINGS, IT'S ALWAYS THERE, BUT IT IS [INAUDIBLE].
THAT'S PROBABLY WHERE THE GREATEST LEVEL OF [INAUDIBLE], BUT IT'S ALWAYS A QUESTION THAT NEEDS TO BE ASKED. IT DOESN'T MEAN IT'S UNFETTERED, BUT THERE OBVIOUSLY YOU HAVE THAT IS A JUDGMENTAL CHOICE LIKE BASED ON INFORMATION.
SO THE INFORMATION IS COMING TO YOU WILL GENERALLY BE ADDRESSED TO THE FOUR CS THAT [INAUDIBLE]. CONSISTENCY WITH COMP PLAN USE AND INTENSITY AND MAYBE OTHER ISSUES, BUT IT'S NORMALLY USE AND INTENSITY.
WHAT'S [INAUDIBLE]? COMPLIANCE REASONABLE EXPECTATION, WOULD THE PROJECT MEET CODE? CURRENCY IMPACT ON PUBLIC INFRASTRUCTURE.
THIS MAY BE BY USE, SCALE, PROXIMITY, OPERATIONAL IMPACT AND [INAUDIBLE] WAYS TO MITIGATE IT. I HAVE MY LITTLE DIAGRAM THERE ON THE RIGHT THAT SAYS THIS IS QUAINT, THIS AIN'T.
WELL, I MEAN, THAT'S THE KIND OF ISSUE, YOU KNOW, YOU DON'T WANT JOE'S MARCHING BAND NEXT TO THE [INAUDIBLE] SCHOOL FOR MARCHING BANDS, BUT COMPATIBILITY CAN BE MEASURED TO A DEGREE. YOU CAN TALK ABOUT SCALE AND HOW CLOSE IT IS AND SO FORTH, BUT IT ALWAYS HAS THAT ELEMENT OF DECISION-MAKING AND JUDGMENT.
PURPOSES. WHY DO WE WRITE A STAFF REPORT? WELL, WE WANT TO EXPLAIN THE PROPOSAL.
[INAUDIBLE] DOCUMENT CONSISTENCY WITH THE PLAN.
DEMONSTRATE DOCUMENT COMPLIANCE WITH REGULATIONS ARE EXPECTED TO COMPLY, SUMMARIZE BINDING PROPOSED CONDITIONS.
NOW, LET ME [INAUDIBLE] STAFF MAKE A RECOMMENDATION.
I THINK I'VE GOT. NOW, WHAT ARE THE PROCESS QUESTIONS? FIRST THING THAT HAPPENS, KEEP IN MIND THAT WHILE I NOTED EARLIER, THAT IS VERY IMPORTANT, THAT THE ADMINISTRATOR HAS BROAD LATITUDE AND AUTHORITY TO MANAGE THE PROCESS.
YOU'LL LAY OUT A PROCESS IN YOUR CODE HE COMES IN A CERTAIN [INAUDIBLE] DATE, THIS HAPPENS [INAUDIBLE] THAT UNLESS THERE'S SOMETHING.
THE ADMINISTRATOR SHOULD HAVE FAIRLY BROAD AUTHORITY TO DETERMINE IF A PROJECT OR
[02:50:06]
APPLICATION IS COMPLETE AND [INAUDIBLE] COMES TO YOU.WHAT HAPPENS WHEN THE PROJECT COMES IN? THERE'S NORMALLY SOME KIND OF PRE-APPLICATION [INAUDIBLE].
IS IT A COMPLETE APPLICATION? OK, AND THEN YOU BEGAN TO ANALYZE THAT RESULTING IN [INAUDIBLE].
THIS WOULD BE WHERE THE FIRE [INAUDIBLE] WOULD BE IDEALLY YES, BUT [INAUDIBLE] TO WHAT YOU WERE SHARING EARLIER, YES PART OF THAT ANALYSIS PROCESS AND MAYBE EVEN YOUR APPLICATION MIGHT REQUIRE THAT INFORMATION BE PROVIDED ABOUT FIRE [INAUDIBLE] IN THIS VERY EARLY REAPPLICATION CONFERENCE, IT'S A FIRST STEP JUST DEPENDS ON HOW YOU HAVE ESTABLISHED IT, BUT BASICALLY IT'S INTENDED TO BE A DIALOG BETWEEN THE APPLICANT AND THE STAFF REGARDING THE PROJECT AND WHAT THE STAFF IS DOING IS ADVISING THE APPLICANT ON HOW WELL THE PROJECT COMPLIES WITH THE PLANS THAT YOU HAVE.
IT'S NOT ABOUT SOMETHING ELSE AND IN FACT, WHEN I WAS, AGAIN, IN HILLSBOROUGH COUNTY, WE WERE GETTING A LOT OF COMPLAINTS FROM NEIGHBORHOOD GROUPS LIKE GETTING SO THERE WAS A NEWS REPORTER THAT WANTED TO FIND OUT WHAT WAS REALLY GOING ON.
WELL, YOU CAN SIT IN OUR MEETINGS, YOU'RE INVITED TO COME INTO OUR STAFF MEETINGS WITH THE APPLICANT, IF THE APPLICANT WOULD.
WE HAD A LOT OF APPLICANTS AND YOU CAN LISTEN TO WHAT WE SAY, AND YOU CAN DECIDE WHETHER OR NOT WE ARE DOING THESE THINGS THAT YOU THINK THAT WE'RE DOING, I THINK THEY WERE DOING IT AS YOU'RE BEING FAVORABLE TO THE DEVELOPER.
WELL, OF COURSE, THE PURPOSE LARGELY IS TO COMPLY WITH THE CODES AND SO YOU MAY BE HELPFUL IN THE SENSE OF COMPLYING WITH THE CODES, BUT IT DOESN'T MEAN THAT YOU'RE MAKING A DEAL SOME WAY, SO WHAT I WANTED THEM AND HE NEVER, BY THE WAY, SHOWED UP AND DIDN'T BOTHER TO GO THROUGH THESE, BUT WHAT I WANTED HIM TO HEAR WAS THAT THE DISCUSSION WAS ALWAYS IN TERMS OF HOW THE PROJECT COMPLIED.
PLANS AND POLICIES AND CODES THAT YOU HAVE, YOU KNOW, AS A PLANNING ADMINISTRATOR, I'VE HAD TO RECOMMEND A LOT OF PROJECTS I DIDN'T LIKE.
[INAUDIBLE] THEY COMPLIED WITH THE RULES OF THE [INAUDIBLE].
I [INAUDIBLE] WHEN I'M DOING COMPREHENSIVE PLANS AND WE'RE TALKING ABOUT VISION, THESE KIND OF THINGS, BUT SOMETHING QUITE DIFFERENT WHEN SOMEONE HAS COME THROUGH A PROCESS WITH YOU. I CAN ONLY REVIEW THAT IN TERMS OF THE PLANS AND POLICIES AND REGULATIONS [INAUDIBLE] AND SO THE PURPOSE OF THAT IS TO GO THROUGH THAT PROCESS.
I WILL TELL YOU WHAT OTHER STORY I HAD ONE FROM A NEIGHBORHOOD GROUP IN ONE OF OUR HEARINGS WHEN [INAUDIBLE] AND SHE SAID WHY DO YOU RECOMMEND ALL THESE PROJECTS BECAUSE YOU LOOK AT THE AGENDA AND THEY'D SEE RECOMMENDED.
AND I SAID, YOU DIDN'T SEE THE ONES THAT NEVER GOT THERE.
THEY CAME IN FOR THE PRE-APPLICATION CONFERENCE AND WE SAID, BECAUSE WE HAD A PROCESS THAT WAS WE HAD BASICALLY 95 PERCENT AGREEMENT BETWEEN WHAT THE STAFF RECOMMENDED AND WHAT THE BOARD ACTUALLY DID, AND THAT WAS NOT THE POINT WE WEREN'T BEING OVERTURNED.
WHAT WE'RE SAYING IS WHAT WE WERE DOING REFLECTED THE PLANS AND POLICIES OF THE MOST, WE HOPE ALL THE TIME, BUT VERY CLOSE TO WHAT WE'RE DOING AND SO WHAT I WAS TRYING TO SAY WAS THAT HE DIDN'T SEE THE ONES THAT CAME IN FOR A REVIEW AND KNEW THAT IF THEY SIMPLY CAME FORWARD WITHOUT A STAFF RECOMMENDATION THAT THEY WERE GOING TO BE SUCCESSFUL.
SO OF COURSE, MOST OF THEM WOULD HAVE RECOMMENDATION.
SO THAT PROCESS IS VERY CRITICAL AND ANOTHER IT SETS THE STAGE FOR [INAUDIBLE] REVIEW AND SETS THE STAGE FOR SUCCESSFUL PROJECTS.
THE OTHER PART OF THAT IS THE APPLICATION COMPLETE AND THE STAFF IS VERIFYING THAT THE [INAUDIBLE] IS THIS IS AN AREA WHERE YOU CAN HAVE [INAUDIBLE] PROBLEMS WITH INTERFERING WITH THE MANAGEMENT PROCESS IF A DEVELOPER HAS NOT PROVIDED ENOUGH INFORMATION AND THEY ARE FRUSTRATED THAT THEIR PROCESS IS TAKING TOO LONG WHILE THAT'S GOING ON, THEY MIGHT COME TO YOU AND SAY, WILL YOU PUT THIS ON THE AGENDA, YOU JUST WON'T BELIEVE WHAT THAT STAFF'S DOING. DON'T DO THAT.
I WASN'T TRYING TO LOOK AT YOU, BUT DON'T DO THAT, BECAUSE THEY ARE ESSENTIALLY TRYING TO BE SURE THAT THE APPLICATION IS COMPLETE, I SAT ON A HEARING ONE TIME, I WAS AN EXPERT WITNESS AND THEY SPENT THREE HOURS TRYING TO DECIDE WHETHER THE LEGAL DESCRIPTION WAS
[02:55:01]
RIGHT. THOSE KIND OF THINGS SHOULD NEVER BE A QUESTION.IF THERE WAS A LEGAL DESCRIPTION IN QUESTION, THE STAFF SHOULD HAVE BEEN ABLE TO.
NO, YOU CAN'T TAKE THIS TO THE HEARING UNLESS YOU PROVIDE ME CORRECT INFORMATION.
SO VERIFY COMPLETENESS, NOTIFY THE APPLICANT.
GENE, CAN YOU KIND OF BREAK DOWN MAYBE A PROPORTIONATE.
USE OF STAFF TIME FROM THE PRE-APPLICATION THROUGH THE APPLICATION? BY THE TIME IT GETS TO THE COMMISSION, HOW MUCH TIME IS SPENT WITH STAFF GETTING IT READY FOR REVIEW BY THE PLANNING BOARD AND THE COMMISSION.
I DON'T KNOW IF I'M MAKING MY QUESTION CLEAR, BUT I JUST WANT YOU TO SPEAK TO THE AMOUNT OF DUE DILIGENCE THAT IS DONE BEFORE IT SHOWS UP ON AN AGENDA AT THE PLANNING BOARD OR SUBSEQUENTLY AT THE COMMISSION MEETING.
WELL, OF COURSE, THAT WOULD DEPEND ON A PROJECT, BUT MOST OF THEM GO FAIRLY QUICKLY.
ONE OF THE THINGS THAT, AND I AM NOT GOING TO GET IT TOO MUCH HERE IS, BUT I BELIEVE THAT STAFF REPORT SHOULD HAVE A STANDARDIZED FORMAT.
YOU SEE THE SAME QUESTION TO ANSWER AND IF ALL IT SAYS THE CHECK SAID THIS IS EXPECTED TO COMPLY WITH THE CODE, THAT'S FINE, BUT THEN THEY'RE GOING TO BE OTHER TOPICS THAT REQUIRE MUCH GREATER ANALYSIS.
NOW, MAJOR PROJECTS, PARTICULARLY THOSE THAT MIGHT BE CONTROVERSIAL IN NATURE, MIGHT REQUIRE A GOOD DEAL OF [INAUDIBLE].
I THINK THE KEY, THOUGH, IS THAT THE STAFF IS NOT DOING THE ANALYSIS THEY ARE REVIEWING THE ANALYSIS PROVIDED DOESN'T MEAN THEY DON'T DO SOME ANALYSIS, BUT THAT'S WHY THE COMPLETENESS IS ONE OF THEM. STAFF IS ESSENTIALLY REVIEWING THAT AND SAYING, DO WE AGREE WITH THAT OR AND IF THERE ARE PROBLEMS, THEY COULD REQUIRE ADDITIONAL INFORMATION.
OH, AND YOU MAY IN FACT HAVE A PROVISION THAT SAYS THE ADMINISTRATOR MAY BE THE PLANNING DIRECTOR BUT DETERMINED THEY DIDN'T NEED INFORMATION, PARTICULARLY.
ALTHOUGH THEY'RE NOT TRYING TO [INAUDIBLE], BUT YOU DO NEED TO GET THE QUESTIONS ANSWERED.
THE STAFF SHOULDN'T BE DOING THE ANALYSIS, BASICALLY.
I UNDERSTAND YOU USE [INAUDIBLE] WHICH IS GOOD, I MEAN, THAT'S A PEER REVIEWED.
RIGHT. [INAUDIBLE] IS THIS GOOD INFORMATION OR IS IT MORE INFORMATION? IT'S VERY HARD TO SAY HOW MUCH THAT TAKES, BUT IT SHOULD BE A FAIRLY ROUTINE TYPE OF PROCESS IN EVERYTHING IS LOOKED AT, EVEN THOUGH SOME MAY SIMPLY GET A CHECK THAT SAYS SAID NO PROBLEM HERE.
NO REASON WHY THEY CAN'T [INAUDIBLE], BUT DID YOU SEE A CONSISTENT FORMAT OF WHAT YOU'RE LOOKING FOR AND THE STAFF IN TURN KNOWS WHAT BOXES THEY NEED TO CHECK AND WHICH BOX THEY NEED [INAUDIBLE]. MOST CASES, YOU'RE NOT GOING TO BE TALKING ABOUT AN [INAUDIBLE] , BUT YOU'RE GOING TO HAVE SOME WHICH ARE [INAUDIBLE] LOOK AT THOSE.
OVERALL. I DON'T KNOW HOW TO PUT A TIME.
IT IS IMPORTANT, THOUGH, THAT THE...
ONE OF THE THINGS I FOUND IN TERMS OF HOW YOU WE ALWAYS HAD WHEN ANY PROJECT CAME IN, IT HAD A STAFF PLANNER WHO WAS ASSIGNED TO THAT PROJECT AND THEY'D HAVE A [INAUDIBLE] DOING SO, THERE WAS ALWAYS SOMEBODY RESPONSIBLE FOR IT THAT [INAUDIBLE] ET CETERA, AND THAT THE APPLICANT. IT'S ESSENTIALLY THAT STAFF BECOMES THE ENTRÉE, THAT THE APPLICANT [INAUDIBLE] PROCESS; YOU DON'T WANT THEM TALKING.
YOU FOLKS, YOU DON'T WANT THEM DOING.
[INAUDIBLE], BUT IF THE PROCESS IS WORKING CORRECTLY, IT'S MUCH MORE EFFICIENT THAT ALL TO OCCUR AND SOMETIMES THE STAFF MIGHT TYPICALLY THEY WILL NOT HAVE NECESSARILY TALKED TO NEIGHBORHOOD GROUPS, THAT'S ALWAYS INTERESTING.
NEIGHBORHOOD GROUP WANTS TO TALK TO THE STAFF AND THEN THAT CAN CREATE SOME INTERESTING ISSUES, THERE'S NOTHING THAT SAYS YOU CAN'T DO THAT, BUT ONE OF THE THINGS THAT HAPPENS IS THE APPLICANT SETS UP A NEIGHBORHOOD MEETING, ASKED THE STAFF TO COME, THE NEIGHBORHOOD OFTEN THINKS THAT THE STAFF IS ON THE SIDE OF THE APPLICANT.
WHICH LEADS ME TO ONE OF THE SOME OF THE QUESTIONS I HAVE LATER, I DON'T KNOW IF YOU HAVE IT IN YOUR PRESENTATION FURTHER DOWN THE LINE, WHEN WE AMENDED, WE REQUIRED MEETING WITH
[03:00:06]
THE COMMUNITY. WE HAVE APPLICANTS WHO HAVE SET OUT [INAUDIBLE] APPLICATION MEETINGS WITH COMMUNITY TO BE ABLE TO DISCUSS BECAUSE THEY KNOW IT'S A BIG PROJECT.WHEN YOU HAD YOUR SLIDES OUT IN THE VERY BEGINNING, ONE OF THEM SAID THAT GET THEM INVOLVED, GET PEOPLE INVOLVED.
PART OF THE PROBLEM THAT I SEE SO MANY TIMES PEOPLE DON'T WANT TO GET INVOLVED.
HOW DO WE GET PEOPLE TO UNDERSTAND THAT THEY SHOULD GET INVOLVED? THE OTHER PART OF IT IS SOMETIMES PEOPLE FEEL THAT IF THEY GET INVOLVED AND THEY GIVE THEIR TWO CENTS TO THE POSSIBLE DEVELOPMENT, THAT MEANS THEY'RE APPROVING IT AND THEY DON'T WANT TO GIVE UP THEIR RIGHT TO SAY THEY DON'T WANT IT VERSUS TO BE ABLE TO COME GIVE THEIR OPINION.
SEE IF IT CAN BE WORKED OUT TO MAKE IT AS A PROJECT THAT THEY MAY LIKE AND THEN IF THEY DON'T, THEY CAN STILL SAY NO IF THEY HAVE SOME KIND OF, YOU KNOW, ABILITY TO SAY, BE ABLE TO SHARE THEIR OPINION.
SO IT MAKES IT HARD SOMETIMES TO ELICIT THE RESPONSES THAT WE NEED FROM COMMUNITIES TO BE ABLE TO PROVIDE THE INPUT, NOT THAT WE DON'T GIVE THEM ACCESS.
SO THERE'S THE PRE-PLANNING OUTREACH AND THEN THERE'S OUR MANDATORY OUTREACH THAT WE HAVE WHEN THE PROCESS IS GOING THROUGH.
SO DO YOU HAVE ANY RECOMMENDATIONS ON HOW WE CAN GET PEOPLE TO REALIZE THAT JUST BECAUSE THE APPLICATION IS PENDING OR THINGS ARE PROCEEDING? DOESN'T MEAN IT'S A DONE DEAL, BUT WE WANT YOUR INPUT BECAUSE IF IT SHOULD EVENTUALLY BE A DONE DEAL, YOU'VE HAD YOUR SAY.
WE'RE ALSO WITHOUT EVERYBODY, PRESUMING THAT IF YOU'RE TALKING ABOUT DEVELOPMENT, WHICH IS THE COMPREHENSIVE PLAN AND THE FACT THAT WE NEED VIBRANCY AND GROWTH IN ORDER TO BE ABLE TO SUSTAIN AND SURVIVE.
SO WHEN WE HAVE OUR SHOPPING PLAZAS, THAT MAY NOT LOOK LIKE THEY USED TO AND THEY NEED TO BE REDEVELOPED OR OPPORTUNITY ZONES THAT NEED TO BE REDEVELOPED THAT INSTEAD OF LOOKING AT ALL DEVELOPMENT AS A NEGATIVE THING AND HAVE TO HAVE THE COMMUNITY PARTICIPATE AND REALIZE THIS COULD BE A GOOD THING IF WE ALL JOIN TOGETHER AND TALK.
WHAT ARE YOUR RECOMMENDATIONS? WELL, FIRST OF ALL, THE IDEA OF HAVING REQUIRING THREE MEETINGS, I THINK, IS A VERY GOOD THING TO DO. HOW YOU GET THOSE KIND OF UNDERSTANDINGS CLEAR IS DIFFICULT, AND THAT WAS WHAT I WAS GETTING. OFTENTIMES STAFF WILL BE ASKED TO [INAUDIBLE].
I HAVE NO PROBLEM WITH DOING THAT, EXCEPT SOMETIMES YOU GET PAINTED WITH, YOU'RE THERE TO HELP THE DEVELOPER. I DON'T KNOW THE ANSWER TO HOW YOU, I BELIEVE THOSE KINDS OF MEETINGS ARE GOOD AND USUALLY PRODUCE A BETTER RESULT.
OFTEN THEY WILL PRODUCE A RESULT WHERE THERE IS SOME AGREEMENT AND SOME UNDERSTANDING.
FREQUENTLY, IT MAY BE JUST GIVING THE COMMUNITY AN UNDERSTANDING OF WHAT THE DEVELOPER IS TALKING ABOUT, BECAUSE IF THEY SIMPLY WAIT UNTIL THEY GET TO THE HEARING, THEY MAY FIND IT'S NOT ACTUALLY WHAT THEY UNDERSTOOD OR WHATEVER.
I DON'T KNOW AN ANSWER, BUT I DO THINK IT'S IMPORTANT TO HAVE THOSE MEETINGS AND MAYBE SOME GUIDELINES MIGHT BE PROVIDED AS TO WHAT THOSE MEETINGS MEANT OR SOMETHING.
BECAUSE IT'S SOMETIMES A CHICKEN AND EGG.
PEOPLE, WHEN THEY GO TO THE MEETINGS, THEY WANT TO SEE A CONCEPT THEY WANT.
THEN THEY GET MAD THAT THE PLAN IS ALREADY DONE OR A CONCEPT IS PROVIDED [INAUDIBLE].
IF THIS IS A CONCEPT WHY IT'S NOT GOOD ENOUGH, BECAUSE IT'S NOT A PLAN.
AND SO IT'S KIND OF LIKE, YOU KNOW, CHICKEN EGG CAN'T WIN FOR LOSING AND WHAT DO YOU DO TO BE ABLE TO PRESENT THE BEST ABILITY TO GET PUBLIC INPUT AND BE ABLE TO HAVE DECISIONS MADE THAT ARE INCLUSIVE OF COMMUNITY AND DEVELOPMENT AND WHAT CITY AND WHAT PREDOMINANTLY IS THE MASTER PLAN OF THE CITY TO BE ABLE TO KEEP PROGRESSING FORWARD? MS. CALLOWAY WANTED TO.
UNLESS YOU CHANGE YOUR MIND, I SAW YOU AT ONE POINT.
YEAH, JUST TO PUT SOME CONTEXT, PRIMARILY FOR GENE'S BENEFIT, BUT WE DO HAVE THE REQUIREMENT FOR THAT NEIGHBORHOOD MEETING OUTLINED IN THE CODE.
IT ALSO INCLUDES WHAT THE DEVELOPER IS EXPECTED TO DO, WHICH INCLUDES MINUTES AND BRINGING THAT BACK TO STAFF AND IT CLEARLY ALSO SAYS THAT STAFF DOES NOT PARTICIPATE IN THOSE MEETING, AND THAT WAS DONE PRIMARILY BECAUSE OF THAT, GENE.
YOU KNOW, YOU'RE ATTENDING THESE MEETINGS AND THEN YOU GET ACCUSED OF EITHER SUPPORTING A PROJECT BEFORE IT'S FILED OR SOMETHING ALONG THOSE LINES.
SO YOU MADE SURE THAT WE PROVIDED THAT AND THEN THE DEVELOPER, OF COURSE, HAS SOME GUIDELINES IN TERMS OF WHAT'S EXPECTED.
THEY HAVE TO PROVIDE TO STAFF WHO ATTENDS A MEETING THE NUMBER OF PEOPLE AND THEN A MINUTES IN TERMS OF WHAT WAS DISCUSSED AND HOW THEY INTEND TO MASSAGE THE PLAN IN RESPONSE TO THAT MEETING.
I THINK THAT'S ACTUALLY A VERY [INAUDIBLE].
THERE'S NO RIGHT OR WRONG WAY TO DO IT.
[INAUDIBLE] HAS INDICATED RECOGNITION [INAUDIBLE] YOU KNOW, OFTENTIMES BY THE TIME YOU GET
[03:05:02]
TO [INAUDIBLE] MEETINGS, STAFF HAS SEEN THE ISSUE, THEY'VE HAD DISCUSSIONS ABOUT WHETHER IT'S FEASIBLE.SO YOU COME OUT AND SAY THAT IN A MEETING AND [INAUDIBLE].
AND THAT WAS KIND OF THE THING I WANTED TO GET TO WAS THAT BY THE TIME GENERALLY THAT THESE PROJECTS SEE THE LIGHT OF DAY, SO TO SPEAK, EVEN THOUGH THEY'RE IN PUBLIC MEETINGS AT DRC AND STUFF, THEY HAVE BEEN THOROUGHLY VETTED.
YOU KNOW, EACH DEPARTMENT WILL LOOK AND SEE, WELL, THAT DOESN'T WORK AND YOU NEED TO RECONFIGURE THAT. SO THERE'S A LOT OF GIVE AND TAKE.
SO I WAS JUST TRYING TO CAPTURE IN MY QUESTION, YOU KNOW, THE AMOUNT OF DUE DILIGENCE THAT IS DONE UP FRONT BEFORE IT'S EVEN READY FOR PRIME TIME AND SO I THINK WE KIND OF SPOKE TO THAT. THANK YOU.
LET ME ALSO ADD ONE OTHER PIECE OF THIS OFTEN NEIGHBORHOOD GROUPS WILL WANT DETAILED PLANS THAT ARE FAR TOO EARLY IN THE PROCESS, AND THAT'S A DIFFICULT ONE, BUT I MENTIONED WHAT YOU'RE APPROVING IS A PRELIMINARY.
IF YOU REQUIRE THEM TO HAVE ENGINEERING DESIGN OF EVERYTHING THERE, YOU'RE TALKING ABOUT LOTS AND LOTS [INAUDIBLE] BEFORE AN APPROVAL IS EVER THERE, THERE'S THIS IDEA WE WON'T DETAIL. WELL, THAT'S ONE YOU HAVE TO [INAUDIBLE].
IT'S MY 90/10 RULE 90 PERCENT OF [INAUDIBLE] THEN YOU WRITE IN. CONDITIONS NECESSARY TO [INAUDIBLE] BUT I THINK IT'S A DIFFICULT ONE, BUT I DO LIKE [INAUDIBLE].
EVERY PROJECT, AS YOU'VE JUST SAID, IT'S JUST FOR LARGER PROJECTS.
OK, NOW PROVIDE RECOMMENDATIONS, PROPOSED CONDITIONS WE'RE TALKING AGAIN ABOUT COULD THE STAFF MAKE A RECOMMENDATION UP OR DOWN.
COULD THE STAFF, PLANNING DIRECTOR [INAUDIBLE], A REZONING OR SOME OTHER, COULD THE STAFF SAY WE RECOMMEND YES OR NO? I SAY YES, THEY HAVE THE DETAILED KNOWLEDGE AND EXPERIENCE AND WHAT IS BEING REVIEWED BY THEM. THE KEY IS, I THINK HERE THAT THERE'S AN UNDERSTANDING WHAT YOU EXPECT OF STAFF.
WHAT I PUT UP HERE ON THE BOARD IS PROVIDE RECOMMENDATION AND PROPOSED CONDITION.
AT A MINIMUM, WHAT'S A STAFF REPORT TO DO IS TO SAY, IS THIS AN APPROVABLE PROJECT? DOES IT MEET YOUR PLANNING POLICY? DOESN'T MEAN THERE'S NOT SOME DISCRETION LEFT IN THERE, BUT IS IT APPROVAL UNDER YOUR CODE? I GUESS WE ALREADY KNOW THAT'S WHAT COMES TO US.
OR IS IT APPROVAL WITH CONDITION? THAT COMES TO US THAT WAY, TOO.
AND SO AND THE OTHER WOULD BE NOT APPROVAL, BUT ACTUALLY THE NOT APPROVAL USUALLY WILL NOT COME TO YOU BECAUSE THE APPLICANT IS NOT, BUT THOSE WOULD BE THE THREE THINGS STAFF CLEARLY SHOULD DO.
NOW, WHETHER YOU DO IT UP OR DOWN, THAT SUGGESTS THAT THEY HAVE STEPPED INTO YOUR SHOES AND HAVE MADE A FINAL DECISION.
THAT DOESN'T MEAN THAT THEY DON'T HAVE OPINION ABOUT THEY'RE NOT GOING TO EXPRESS [INAUDIBLE], BUT THE KEY IS TO TELL YOU WHETHER OR NOT THIS IS APPROVED UNDER YOUR PLANS.
THEY GIVE YOU THE BASIS FOR THAT DEBATE TO TAKE PLACE.
IT'S NOT A RUBBER STAMP KIND OF SITUATION.
OH, NO, THERE'S BEEN MANY TIMES.
I'M CONFIDENT FOR MY [INAUDIBLE] DISCUSSIONS WITH [INAUDIBLE] SHE UNDERSTANDS IT THE WAY I DO. I NEVER WOULD TAKE THAT AS [INAUDIBLE] SOME SORT OF REBUFF OF [INAUDIBLE].
WE, IN FACT, WOULD TRACK WHAT PERCENTAGE OF PROJECTS WERE ADOPTED ESSENTIALLY AND CONSISTENT WITH OUR POLICY, NOT BECAUSE WE WERE TRYING TO DO AN UP OR DOWN KIND OF THING [INAUDIBLE] SAY IF WE HAD 95 PERCENT, WHICH IS ABOUT WHAT WE [INAUDIBLE], THAT'S GOOD.
THAT MEANS THAT THE PLANS AND POLICIES ARE RESONATING WITH THE COMMUNITY AND SO FORTH.
IF IT HAD BEEN 80 PERCENT, I WOULD HAVE BEEN, I'D SAY, WHOA, THERE'S SOMETHING REALLY WRONG. THAT WAS ALL WE WERE DOING THAT FOR US TO SEE [INAUDIBLE] MEETING UP WITH THE PLANS AND POLICIES. UM, BUT IT'S VERY CLEAR THAT THEY ARE ABLE TO GIVE YOU PROPOSED CONDITIONS IF NEEDED AND ESSENTIALLY WHAT IS THE BASIS FOR WHICH [INAUDIBLE] AND CONDITIONS ARE OFTEN A FAIRLY COMMON SITUATION.
THE OTHER IS, TOO, THAT YOU HAVEN'T HURT WHEN IT FIRST COMES TO HEARING, THE STAFF HASN'T
[03:10:04]
HEARD THE NEIGHBORHOOD.THEY HAVEN'T HEARD THE TESTIMONY.
SO YOU MIGHT GET SOMETHING IN TESTIMONY, ET CETERA, THAT SO MY POINT ONLY IS THAT IT'S NOT A DONE DEAL WHEN [INAUDIBLE].
THAT'S A BASIS FOR YOUR DECISION.
I THINK, I DON'T KNOW, MAYBE A LITTLE BRAINSTORMING IDEA OUT OF THIS IS IN OUR NEXT TAMAGRAM, OR ONE OF THE NEXT TIME TAMAGRAMS, FEW ITEMS OF HOW THE PLANNING PROCESS WORKS, REMINDING PEOPLE HOW THESE THINGS ARE NOT JUST A DONE DEAL RUBBERSTAMPED WHEN THEY COME IN, HOW MUCH THOUGHT GOES INTO IT, HOW MUCH TIMING AND PLANNING GOES INTO A PROCESS, HOW MUCH OUR PLANNING BOARD DOES BEFORE THE APPLICATION ACTUALLY COMES BEFORE US, AND THEN HOW MUCH OUTREACH IS ALSO DONE.
I DON'T KNOW, JUST A SUGGESTION.
ALL RIGHT. THEY DON'T UNDERSTAND THAT'S YOUR JOB IF IT'S IN THE PARAMETER.
THAT'S YOUR RESPONSIBILITY. [INAUDIBLE] WELL, AND I THINK WITH WHAT MAXINE MENTIONED EARLIER IS THE COMPREHENSIVE PLAN UPDATE AND GOING OUT INTO THE COMMUNITY AND TALKING TO THE COMMUNITY ABOUT THE UPDATE THAT WE'RE GOING TO BE DOING THIS YEAR.
HOPEFULLY WE CAN GET THAT MESSAGE OUT TOO, SO THAT, YOU KNOW, GIVING EVERYBODY A VOICE IN THE CONSTITUTION, SO TO SPEAK OF THE CITY AND THEN WE HAVE THE RULES THAT APPLY, YOU KNOW, BY THE PROFESSIONAL STAFF.
I THINK, HOPEFULLY THAT WILL HELP, BUT I DON'T THINK WE CAN OVER EDUCATE THE PUBLIC ABOUT THESE PROJECTS BECAUSE THEY'RE SO PERSONAL WHEN THEY COME UP OUT OF THE GROUND AND, YOU KNOW, PEOPLE GET VERY [INAUDIBLE].
ONE OTHER ISSUE THAT IT RAISED IN THIS.
WHAT HAPPENS IF THE PLANNING COMMISSION SAYS, WAIT A MINUTE, WE WANT TO SEE CHANGES? THE RECOMMENDING BODY.
THEY'VE HAD THE HEARING AND THEY SAY WE WANT TO SEE SOME CHANGE.
WELL, THAT MAY BE EASY IF THEY CAN PUT CONDITIONS AND THOSE COULD BE COMPLIED WITH, BUT WHAT IF THE DEVELOPER WANTS TO CHANGE THE PROJECT? CLEAN THE PLANNING BOARD? WELL, THAT'S WHAT YOU.
THERE'S A POINT WHERE YOU MIGHT ALLOW THAT DEPENDING ON IF IT'S MINOR KIND OF THING, ON THE OTHER HAND, MIGHT WELL HAVE TO GO BACK.
SO MY POINT ONLY IS THAT'S ANOTHER WRINKLE SOMETIMES IN THE PROCESS THAT YOU HAVE TO DEAL WITH AS IT MOVES ITS WAY THROUGH THE ADVISORY AND THEN THERE'S SOMETIMES THE OTHER WRINKLE THEY COME BEFORE US AND WE HADN'T SEEN CERTAIN THINGS OR THERE'S SOME ADJUSTMENTS THAT NEED TO BE MADE AND THEN, THEY'RE DISCUSSED AT THE COMMISSION MEETING, AND THEN SOMETIMES THEY CAN BE DONE BETWEEN MEETINGS OR SOMETIMES THEY GO BACK [INAUDIBLE] IN THE PROCESS, SO I KNOW THAT IS NOT THE MOST DESIRED ROUTE.
THAT'S WHY THERE'S ALL THESE MEETINGS BEFOREHAND.
SO THERE WOULD BE LESS OF THAT, BUT THAT HAS BEEN KNOWN TO HAPPEN IN THE PAST.
AND MY POINT THERE WAS THAT YOU HAVE TO ANTICIPATE THAT THOSE THINGS HAPPEN AND RECOGNIZE THAT THERE HAS TO BE SOME KIND OF A PROCESS THAT [INAUDIBLE] IF YOU HAD A PROJECT THAT'S COMING BACK AFTER IT COMPLETED THE PLAN WOULD REVIEW THAT WAS DRAMATICALLY DIFFERENT THAN WHAT THEY ACTUALLY SAW.
THERE'S ALSO, I THINK SOMETIMES THE ONUS ALSO ON DEVELOPERS WHO THINK THAT THEIR PLAN IS FINE AND THEY'LL TAKE THE CHANCE AND THEY'LL MOVE IT THROUGH AND THEN THEY REALIZE IT MAY NOT BE AS FINE AS THEY THOUGHT IT WAS.
SO THAT MAY HAVE HAPPENED A FEW TWO TIMES OVER THE YEARS, BUT I'M JUST SAYING THAT THERE'S NOT [INAUDIBLE] WANT THE PLAN AS BEST AS POSSIBLE TO BE AS EASY AND CLEAR AS POSSIBLE TO BE FOLLOWED AND MAKE IT AS STREAMLINED AS POSSIBLE, BUT THERE'S ALWAYS A COUPLE OF ONE-OFFS THAT TAKE A LITTLE EXTRA TIME.
OK, SO ONCE YOU'VE GOT A STAFF REPORT, IT'S READY TO COME TO YOU.
ONE OF THE GOOD PRACTICES IS TO HAVE WRITTEN HEARING PROCEDURES.
YOU KNOW HOW LONG PEOPLE GET TO TALK.
WRITTEN PROCEDURES FOR EACH PUBLIC HEARING, BOTH THE APPLICANT AND PUBLIC.
DESCRIPTION OF THE PROCESS, TIME LIMITS.
NOW, IN QUASI-JUDICIAL HEARINGS [INAUDIBLE] EXPECTED THAT WITNESSES ARE [INAUDIBLE] AND NORMALLY FOLLOWS COURT PROCEDURE.
WHAT I HAVE FOUND IS THAT THE IDEA THAT YOU'RE GOING TO RUN IT LIKE A COURT DOES NOT.
[03:15:03]
BY THAT, I MEAN, WHERE YOU HAVE CROSS-EXAMINATION OF WITNESS.NOW, IF THERE IS A REQUIREMENT FOR CROSS-EXAMINATION, QUESTIONING A WITNESS, GENERALLY, THAT COULD OCCUR BY CONTROL OF THE CHAIR, THAT QUESTIONS ARE SOMEHOW RELEVANT, MAYBE GIVEN TO THE MODERATOR OF THE CASE AND THEN THOSE ARE DIRECTED AT THE APPROPRIATE PERSON TO ANSWER AS OPPOSED TO ATTORNEYS QUESTIONING WITNESSES LIKE THEY WOULD IN A COURT.
IT NEVER WORKS WELL AND IT'S REALLY PRETTY INTIMIDATING PEOPLE WHO [INAUDIBLE].
SO THAT'S THE KIND OF THING YOU CAN ADDRESS IN THE WRITTEN PROCEDURES.
THAT'S ALSO CONDUCT OF HEARING.
NOTICE, NEUTRAL DECISION-MAKER, PRESENTATION OF EVIDENCE, SWORN TESTIMONY, QUESTIONING OF WITNESS.
[INAUDIBLE] IT REALLY FEELS GOOD ONCE YOU'RE GOING THROUGH THIS, JUST TO KNOW THAT WE'RE INLINE WITH MUCH OF WHAT YOU REGARD AS BEST PRACTICE.
WE DO HAVE THEM IN PLACE, BUT I JUST WANTED [INAUDIBLE].
I WOULD BE SURPRISED IF YOU [INAUDIBLE].
I HAVE A QUESTION FOR GENE AND MAXINE, MAYBE.
WERE YOU PART OF OUR PROCESS? FOR THE TWENTY EIGHTEEN? NO. PART OF THE REWRITE PROCESS, [INAUDIBLE] AND ASSOCIATES DEVELOPED OR LAND DEVELOPMENT AND, GENE, YOU KNOW, THIS WAS REALLY THOUGHT OF BECAUSE WE WANTED TO BRING WHAT WOULD HAVE BEEN OFFERED AT THE AMERICAN PLANNING ASSOCIATION CONFERENCE AS A TRAINING TO YOU DIRECTLY AND SO AND SOMETIMES GENE HAS DELIVERED THESE AT APA CONFERENCES HERE IN FLORIDA AND SOMETIMES OUTSIDE OF FLORIDA AND SO IT WOULD HAVE BEEN DIFFICULT TO HAVE YOU ATTEND A CONFERENCE. AND SO WE JUST WANTED TO CONDENSE IT AND BRING THE CONFERENCE TO YOU, SINCE WE FIGURE THIS IS VERY IMPORTANT MATERIAL.
IT'S ALSO HARD TO BEAT AGENCY LIKE [INAUDIBLE] SITTING TOGETHER TALKING ABOUT THIS [INAUDIBLE]. LIKE THAT, AND I REALLY FOUND THAT AND WE CAN BE SPECIFIC TO YOUR ISSUE.
THAT THIS IS PROBABLY THE BEST TYPE OF ENVIRONMENT [INAUDIBLE] DO IT [INAUDIBLE] ALWAYS LOOK. OK, SUBSTANTIAL COMPETENT EVIDENCE.
SAW THAT TERM USED THAT YOU IN THE QUASI-JUDICIAL PROCESS YOU BASE YOUR DECISIONS ON.
EXPERT OPINION IS IS OPINION BASED ON EDUCATION AND EXPERIENCE TO THE CASE AT H AND MUST HAVE A FACTUAL BASE.
CAN LAYPERSONS PROVIDE EXPERT [INAUDIBLE]? CAN NEIGHBORS PROVIDE SUBSTANTIAL COMPETENT EVIDENCE? RELATES TO IT, BUT IF THEY ARE A LAYPERSON AND TYPICALLY THAT IS THE OPPOSITE OF AN EXPERT. WELL, THEY CAN PROVIDE EXPERT OPINION, IF THEY'RE GIVING FACTUAL INPUT. SOMETHING THAT YOU OBSERVED, "I COUNTED THE CARS OUTSIDE MY HOUSE." THAT'S PERSONAL TESTIMONY.
IF THEY'RE GIVING YOU FACTUAL INFORMATION THEY OBSERVE AND DOCUMENT THEN IT WOULD GENERALLY BE CONSIDERED SUBSTANTIAL COMPETENT EVIDENCE.
IT MAY NOT MEAN VERY MUCH, IT MAY NOT BE GOOD EVIDENCE OR WHATEVER, BUT IT'S WHAT IT IS.
RIGHT, IT HAS NOT MADE THEM AN EXPERT, SO THEY COULDN'T GO SO FAR, I COUNTED THE CARS OUTSIDE MY HOUSE AND THEREFORE I KNOW THAT THIS IS GOING TO VIOLATE THE [INAUDIBLE] TRANSPORTATION. CORRECT.
THAT LAST PART [INAUDIBLE] EXPERT.
I DIDN'T MEAN THAT IN A DEROGATORY SENSE, BUT IT'S NOT UNCOMMON FOR ATTORNEYS TO GIVE TESTIMONY THAT IS IN THE REALM OF EXPERT OPINION, AND THAT MAY BE OK IF THEY'RE SIMPLY SUMMARIZING WHAT THE ENGINEER WOULD SAY SITTING BEHIND THEM, BUT ATTORNEYS, UNLESS THEY SOME ATTORNEYS HAVE COMPETENCE IN STORMWATER OR TRANSPORTATION, BUT THEY WOULD NOT BE AN EXPERT IN A SUBJECT LIKE THAT.
[03:20:01]
ALTHOUGH YOU MAY GIVE THEM LATITUDE TO SUMMARIZE ARGUMENTS [INAUDIBLE] DETAILED TESTIMONY. THE BOARDS TYPICALLY WILL SCRUTINIZE QUASI-JUDICIAL DECISION MORE CLOSELY.PRIMARY DIFFERENCE BETWEEN THE LEGISLATIVE STANDARD.
LEGISLATIVE STANDARD IS WAS THE DECISION REASONABLE? YOU MADE A COMPREHENSIVE [INAUDIBLE] DID YOU BASE IT ON DATA AND ANALYSIS? WAS IT A REASONABLE DECISION? QUASI-JUDICIAL STANDARD IS SUBSTANTIAL COMPETENT, BUT WHAT IS LEGAL, COMPETENT EVIDENCE BASED ON [INAUDIBLE] TESTIMONY OF [INAUDIBLE].
ATTORNEYS REPRESENTING APPLICANTS NOT CONSIDERED COMPETENT SUBSTANTIAL EVIDENCE.
CANNOT BE THE BASIS. NEIGHBORS ARE COMPETENT TO GIVE FACTS.
THAT FIRSTHAND KNOWLEDGE IN AREAS SUCH AS ESTHETICS, RECREATION.
NEIGHBOR'S TESTIMONY REGARDING TRAFFIC IS SOMETIMES NOT CONSIDERED COMPETENT [INAUDIBLE] EXPERT AND NEIGHBOR'S TESTIMONY FOR REAL ESTATE [INAUDIBLE] ISN'T COMPETENT EVIDENCE BECAUSE THEY'RE NOT EXPERTS, AND THAT DOESN'T MEAN IT'S NOT REAL, DOESN'T MEAN THEY'RE NOT RIGHT OR WHATEVER, BUT IS THAT WHEN SOMEONE SAYS IT'S GOING TO DIMINISH PROPERTY VALUES UNLESS THEY HAVE SOME REAL ESTATE APPRAISAL, SOMETHING OF THIS NATURE THAT WOULD NOT BE [INAUDIBLE]. WELL, THAT'S TRUE.
IT MAY [INAUDIBLE], BECAUSE IT IS AN OPINION.
IT WOULD NOT RISE TO [INAUDIBLE] LEVEL UNLESS THEY HAD SOME CREDENTIALS.
I'M GETTING PRETTY CLOSE . WHAT TIME DO I HAVE? LET ME FINISH A COUPLE MORE.
I CERTAINLY CAN FINISH SUBSTANTIAL COMPETENT EVIDENCE.
OPINIONS WITHOUT FACTS ARE NOT COMPETENT, POPULARITY POLLS ARE NOT COMPETENT, THEY'RE HEARSAY.
THEY MAY BE VERY IMPORTANT, BUT THEY'RE NOT SUBSTANTIAL AND THEN FINALLY, THIS ALL NEEDS TO BE WRAPPED UP [INAUDIBLE] FINDINGS.
THESE ARE [INAUDIBLE] WHAT YOU DID.
YOU MADE A RECORD AND I'M NOT...
IN THAT WITHOUT GETTING INTO [INAUDIBLE] I THINK WE'VE TOUCHED ON THE MAJOR ISSUES HERE RELATED TO [INAUDIBLE]. WELL, I THINK THAT ONE'S VERY IMPORTANT TO GET TRAINING.
YOU'VE GONE A LONG WAY TO DO THAT.
YEAH, AND ACTUALLY, YOU KNOW, WHETHER WE'VE BEEN HERE FOR A LITTLE BIT AND IT'S A REFRESHER OR PEOPLE WHO ARE NEW, WHETHER IT BE ON THE PLANNING COUNCIL OR ON THE COMMISSION, I THINK IT'S VERY IMPORTANT BECAUSE ALL OF OUR COMMITTEES ARE VERY IMPORTANT, BUT THIS COMMITTEE IS ENDOWED WITH OR ENTITLED OR WHATEVER WORD YOU WANT TO USE, WE HAVE A TREMENDOUS AMOUNT OF POWER TO HELP REFLECT THE VISION THAT THE COMMISSION AND THE CITY HAS WORKED OR CONTINUES TO WORK HARD FOR, AND SO IT'S VERY IMPORTANT THAT WE'RE ALL UP TO DATE AND UNDERSTAND WHAT OUR ROLES ARE AND WHERE TO RECEIVE HELP IF WE NEED IT, AND MAXINE ALREADY SAID IT, BUT I'M EXTREMELY PROUD OF OUR CITY AND HOW HARD IT'S WORKED TO MAKE SURE WE'VE HAD BEST PRACTICES.
WE HAVE BEST PRACTICES, YOU KNOW, YOU ALWAYS LEARN IN ONE WAY OR ANOTHER.
SOMETIMES YOU HAVE TO MAKE AN EDIT HERE AND THERE, BUT I'M VERY PROUD THAT OUR CITY IS REALLY ON A GREAT TRACK AND LOOKING FORWARD TO AS WE CONTINUE OUR COMPREHENSIVE PLAN THAT WE GO OUT TO THE COMMUNITY AND HEAR MORE, BUT SO APPRECIATE YOU BEING HERE AND OUR TEAM.
SO THANK YOU. LET ME SAY THAT IT'S A BEAUTIFUL CITY.
I APPRECIATE THE OPPORTUNITY TO BE HERE, AND I'M CONFIDENT THAT YOU HAVE AN EXTRAORDINARILY COMPETENT STAFF AND BEST PRACTICES I'M TALKING ABOUT PRETTY MUCH ALREADY.
ALL THIS DOES IS SIMPLY GIVE YOU SORT OF A BIGGER PICTURE OF HOW THOSE THINGS [INAUDIBLE] . IS THERE ANYONE WHO HAS ANY QUESTIONS? ANY OTHER QUESTIONS? NO.
WE KNOW HOW TO REACH YOU, BUT WE APPRECIATE AND DOES OUR PLANNING BOARD GET A CERTIFICATE? YES, YOU AND THE PLANNING BOARD.
SO FOR EVERYONE WHO PARTICIPATED IN THIS TRAINING, I WILL FORWARD THE NAMES TO GENE AND HE WILL CREATE THOSE CERTIFICATES AND YOU'LL HAVE THEM PRETTY MUCH IS WHAT HAPPENS AT THE APA CONFERENCE AS WELL.
SO YES, THIS WILL END WITH [INAUDIBLE] CERTIFICATES.
SO YOU'RE TRAINED IN GROWTH MANAGEMENT.
[03:25:02]
WELL, LADIES AND GENTLEMEN, THANK YOU SO VERY MUCH FOR YOUR TIME.GENE, AGAIN, THANK YOU VERY MUCH.
IT IS NOW 1:07 AND THIS MEETING IS ADJOURNED.
THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.