Topic: Are current land use policies in Florida contributing to sprawl

1
Topic Are current land use policies in Florida
contributing to sprawl?
Sprawl is the spreading of urban areas in to
Green-fields destroying farmland and woodlands,
leaving fragmented non-viable isolated patches.
http//science.nasa.gov/headlines/y2002/11oct_spra
wl.htm
2
Topic Are current land use policies in Florida
contributing to sprawl?
This NAUTILUS map of Old Saybrook, Connecticut,
is color-coded to show the percent of the
landscape covered by impervious surfaces (such as
pavement and rooftops) both today (left) and in
the future (right) if current zoning patterns are
fully developed. Separate research has shown that
more than 25 of impervious surface (red) in an
area leads to major impairment of local
waterways.
http//science.nasa.gov/headlines/y2002/11oct_spra
wl.htm
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Topic Are current land use policies in Florida
contributing to sprawl?
However, population density does little to
alleviate auto-caused smog. Metropolitan areas
with the lowest population densities have the
fewest air pollution problems. Furthermore,
population density or compactness has little
relationship to how much commuters depend on
automobiles. More than 75 percent of commuter
trips are by car in every area except New York -
and more than 90 percent are by car in the vast
majority of areas. Studies show that the number
of vehicle miles traveled actually increases with
population density in the United States. Thus a
policy strategy that attempts to increase
population density could lead to more traffic
congestion, exacerbating air pollution levels and
potentially causing more areas to fail to meet
federal clean air goals.
http//blog.lib.umn.edu/ukura006/architecture/1114
-Urban-Sprawl-0.jpg
http//www.ncpa.org/ba/ba287.html
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Topic Are current land use policies in Florida
contributing to sprawl?
Ecological Principals
The EPA reported that the rate of land nation
wide being converted to urban sprawl is greater
that the rate of population growth and that once
converted that it no longer meets the needs of
wildlife, especially wildlife that requires large
areas of the landscape to thrive
This means that we are using more land per-capita
than in the past. Lots and homes are larger
creating more sprawl
Sprawl creates habitat fragmentation and opens
the door to invasive species
http//www.biodiversitypartners.org/habconser/spra
wl/01.shtml
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Topic Are current land use policies in Florida
contributing to sprawl?
Wetlands, many species depend upon wetland
habitat to support some stage in their life
cycle. At the same time, human demand to develop
these areas is high. More than 50 of the
wetlands in the U.S. have been drained and filled
http//images.google.com/imgres?imgurlhttp//sofi
a.usgs.gov/virtual_tour/images/photos/corkscrew/cs
s_boardwalk.jpgimgrefurlhttp//sofia.usgs.gov/vi
rtual_tour/corkscrew/index.htmlh600w800sz192
hlenstart144um1tbnidEoveEhC8ohl_PMtbnh1
07tbnw143prev/images3Fq3DSwamps2Bwetlands2
6start3D12626ndsp3D1826svnum3D1026um3D126h
l3Den26rls3Dcom.microsoften-US26sa3DN
http//www.biodiversitypartners.org/habconser/spra
wl/01.shtml
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Topic Are current land use policies in Florida
contributing to sprawl?
Present land-use policies occur in a variety of
ways in Florida laws. Floridas environmental
laws determine where certain activities can take
place after much study. Environmental impact
statements and permitting is the states
mechanism for controlling development of certain
types of development predominately industrial.
The state has several conservation and research
programs whose aim is conservation of the more
sensitive areas. Due to available funding for
conservation of sensitive areas the state is
looking at the minimum requirements.
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Topic Are current land use policies in Florida
contributing to sprawl?
Legal Principals
The states statues are the mechanism by which
sprawl and other environmental issues are
addressed.
One of the most telling statues is 163.2511 Urban
infill and redevelopment generally referred to as
the Growth Policy Act. Paragraph 1c states In
recognition of the interwoven destiny between the
urban center, the suburbs, the region, and the
state, the respective governments need to
establish a framework and work in partnership
with communities and the private sector to
revitalize urban centers. Putting the
responsibility of growth management firmly into
the lap of local governments.
http//www.leg.state.fl.us/statutes/index.cfm?App_
modeDisplay_StatuteSearch_StringURLCh0163/PAR
T02.HTM
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Topic Are current land use policies in Florida
contributing to sprawl?
PART II GROWTH POLICY COUNTY AND MUNICIPAL
PLANNING LAND DEVELOPMENT REGULATIONS 163.2511 
Urban infill and redevelopment. 163.2514  Growth
Policy Act definitions. 163.2517  Designation of
urban infill and redevelopment area. 163.2520 
Economic incentives. 163.2523  Grant program.
163.2526  Review and evaluation. 163.3161  Short
title intent and purpose. 163.3162 
Agricultural Lands and Practices Act. 163.3164 
Local Government Comprehensive Planning and Land
Development Regulation Act definitions.
163.3167  Scope of act. 163.3171  Areas of
authority under this act. 163.3174  Local
planning agency. 163.3175  Legislative findings
on compatibility of development with military
installations exchange of information between
local governments and military installations.
163.3177  Required and optional elements of
comprehensive plan studies and surveys.
163.31771  Accessory dwelling units. 163.31777 
Public schools inter local agreement. 163.3178 
Coastal management. 163.3179  Family homestead.
163.3180  Concurrency. 163.31801  Impact fees
short title intent definitions ordinances
levying impact fees. 163.3181  Public
participation in the comprehensive planning
process intent alternative dispute resolution.
163.3182  Transportation concurrency backlogs.
163.3184  Process for adoption of comprehensive
plan or plan amendment. 163.3187  Amendment of
adopted comprehensive plan. 163.3189  Process
for amendment of adopted comprehensive plan.
163.3191  Evaluation and appraisal of
comprehensive plan. 163.3194  Legal status of
comprehensive plan. 163.3197  Legal status of
prior comprehensive plan. 163.3201  Relationship
of comprehensive plan to exercise of land
development regulatory authority. 163.3202  Land
development regulations. 163.3204  Cooperation
by state and regional agencies. 163.3208 
Substation approval process. 163.3209  Electric
transmission and distribution line right-of-way
maintenance. 163.3211  Conflict with other
statutes. 163.3213  Administrative review of
land development regulations. 163.3215  Standing
to enforce local comprehensive plans through
development orders. 163.3217  Municipal overlay
for municipal incorporation. 163.3220  Short
title legislative intent. 163.3221  Florida
Local Government Development Agreement Act
definitions. 163.3223  Applicability. 163.3225 
Public hearings. 163.3227  Requirements of a
development agreement. 163.3229  Duration of a
development agreement and relationship to local
comprehensive plan. 163.3231  Consistency with
the comprehensive plan and land development
regulations. 163.3233  Local laws and policies
governing a development agreement. 163.3235 
Periodic review of a development agreement.
163.3237  Amendment or cancellation of a
development agreement. 163.3239  Recording and
effectiveness of a development agreement.
163.3241  Modification or revocation of a
development agreement to comply with subsequently
enacted state and federal law. 163.3243 
Enforcement. 163.3245  Optional sector plans.
163.3246  Local government comprehensive planning
certification program. 163.32465  State review
of local comprehensive plans in urban areas.
163.3247  Century Commission for a Sustainable
Florida.
http//www.leg.state.fl.us/statutes/index.cfm?App_
modeDisplay_StatuteSearch_StringURLCh0163/PAR
T02.HTM
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Topic Are current land use policies in Florida
contributing to sprawl?
The core legal principals that underlie the
sprawl related environmental problems are the
lack of overall statues that directly addresses
sprawl or how urban centers can expand into
non-urban areas. It is left up to each local
government agency to designate conservation and
protected areas and to develop regulations that
govern expansion into or near these designated
areas. The local entity only needs to provide to
the state regulations that comply with their
adopted comprehensive plans.
10
Topic Are current land use policies in Florida
contributing to sprawl?
163.3202  Land development regulations.--
1  Within 1 year after submission of its revised
comprehensive plan for review pursuant to s.
163.3167(2), each county and each municipality
shall adopt or amend and enforce land development
regulations that are consistent with and
implement their adopted comprehensive plan.
2 Local land development regulations shall
contain specific and detailed provisions
necessary or desirable to implement the adopted
comprehensive plan and shall as a minimum
(a)  Regulate the subdivision of land
(b)  Regulate the use of land and water for
those land use categories included in the land
use element and ensure the compatibility of
adjacent uses and provide for open space
(c)  Provide for protection of potable water
wellfields (d)  Regulate areas subject to
seasonal and periodic flooding and provide for
drainage and stormwater management (e)  Ensure
the protection of environmentally sensitive lands
designated in the comprehensive plan
(f)  Regulate signage (g)  Provide that public
facilities and services meet or exceed the
standards established in the capital improvements
element required by s. 163.3177 and are available
when needed for the development, or that
development orders and permits are conditioned on
the availability of these public facilities and
services necessary to serve the proposed
development. Not later than 1 year after its due
date established by the state land planning
agency's rule for submission of local
comprehensive plans pursuant to s. 163.3167 A
local government shall not issue a development
order or permit which results in a reduction in
the level of services for the affected public
facilities below the level of services provided
in the comprehensive plan of the local
government. (h)  Ensure safe and convenient
onsite traffic flow, considering needed vehicle
parking. 3  This section shall be construed to
encourage the use of innovative land development
regulations which include provisions such as
transfer of development rights, incentive and
inclusionary zoning, planned-unit development,
impact fees, and performance zoning. These and
all other such regulations shall be combined and
compiled into a single land development code for
the jurisdiction. A general zoning code shall not
be required if a local government's adopted land
development regulations meet the requirements of
this section. 4  The state land planning agency
may require a local government to submit one or
more land development regulations if it has
reasonable grounds to believe that a local
government has totally failed to adopt any one or
more of the land development regulations required
by this section. Once the state land planning
agency determines after review and consultation
with local government whether the local
government has adopted regulations required by
this section, the state land planning agency
shall notify the local government in writing
within 30 calendar days after receipt of the
regulations from the local government. If the
state land planning agency determines that the
local government has failed to adopt regulations
required by this section, it may institute an
action in circuit court to require adoption of
these regulations. This action shall not review
compliance of adopted regulations with this
section or consistency with locally adopted
plans. 5  The state land planning agency shall
adopt rules for review and schedules for adoption
of land development regulations. (7)
11
Topic Are current land use policies in Florida
contributing to sprawl?
While sprawl is a national concern I think sprawl
is locally created. Zoning is the local mechanism
to regulate land-use within a city or county.
Each city or county creates their own
land-use/growth plan and implements their plan
through zoning. I feel that zoning regulations
are the primary tool that controls physical
sprawl in any given area of Florida. Issues with
land-use planning being delegated to the local
level are a lack of funding for the studies need
to make informed decisions the lack of qualified
technical advisers to the decision / policy
makers the lack of coordination between various
cities and counties and a lack of common goals.
I think the issue of land-use and sprawl relates
strongly to the Hardins Tragedy of the Commons
and commonly held goods. Cities and counties
want to grow and be successful, they want to
increase their income base and ultimately their
financial status and expand their services. These
individual goals can and at this time usually
prohibit coordination between civic entities
leaving the environmental issues generated by
sprawl generally unaddressed. The state has
delegated its power to the local level and can
not or does not provide overall guidance to bring
about the best environmental resolution.