9/8 THUR 14:30 | Regulatory Re-think
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The document discusses the need for regulatory reform in Florida's local governments, focusing on balancing business growth with community values through revised processes and better communication. It highlights various initiatives by Port St. Lucie, Martin County, and Palm Beach County aimed at improving the efficiency of development reviews and fostering economic growth. Best practices, stakeholder involvement, and the use of technology are emphasized to streamline applications and enhance overall civic engagement.
9/8 THUR 14:30 | Regulatory Re-think
- 1. Regulatory Re-think – Balancing Business and Community Values 2011 APA FLORIDA ANNUAL CONFERENCE 2:30p - 3:45p September 8, 2011
- 2. Overview Introduction Review of Initiatives City of Port St. Lucie Martin County St. Lucie County Palm Beach County Questions and Answers
- 3. Panelist Daniel L. Holbrook , AICP, City of Port St. Lucie Nicki B. van Vonno , AICP, Martin County Rebecca Miller , St. Lucie County EDC, Miller Permitting and Land Development, LLC Joshua I. Long , AICP, Gunster, P.A.
- 4. Presenter’s Review Set local stage Activities Products Best/worst practices
- 5. Why do we plan? Why do we regulate? Quality of life.. Livability... Life safety... Can you explain that to the public? Sustainablity...
- 6. “ There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things. Because the innovator has for enemies all those who have done well under the old conditions, and lukewarm defenders in those who may do well under the new.” Machiavelli, 1515 WARNING
- 7. Einstein’s 3 rules of work Out of clutter, find simplicity From discord, find harmony In the middle of difficulty lies opportunity
- 8. Community Values Residents Businesses Tourists Environment Others
- 9. Why should we re-think? Because chaos exists Things change How people utilize land changes Budget cuts Need to evaluate the effectiveness of regulations and process to the goals of the organization
- 10. “ The art of progress is to preserve order amid change and to preserve change amid order.” Alfred North Whitehead
- 11. Until 1950’s - Agriculture 1957 - First residents 1961 - City charter adopted (50 Sq. Miles) 2006 - Citywide utilities installation completed
- 12. City Stats Population = 166,041 Size = 114 sq. miles Housing Units = 70,877 Housing Vacancy Rates = 14.1% Vacant Land = +26,000 acres
- 14. Port St. Lucie Actions City Council approval for action plan Self examination Stake holder interviews Research and analysis Findings and recommendations City Council update and direction Implementation
- 15. Port St. Lucie New Codes Tree Preservation Dumpster/Recycling Enclosure Create a single application fee for the City Expanded uses in non-residential zoning districts
- 16. Port St. Lucie Educational Land Development Process Training New Business Training (English, Spanish, and Creole) You Tube explanation videos Pre-application meetings Sufficiency Checklists
- 17. Port St. Lucie Organizational and Process Changes Public Works and Engineering were combined and Utilities Engineering Services was relocated to the municipal complex. Internal routing of permit reviews Engineering now issues clearing permits instead of Building Dept. Reduce staff review time Negotiating a new Impact Fee agreement with the County
- 18. Port St. Lucie Using Technology Website Updates www.cityofpsl.com Online project tracking Active development applications map Online applications that you can type and save Email staff comments vs. hard copy or fax
- 19. Best Practices Use Technology Identify problem areas Customer Guidance Cards Submittal Schedules Its ok to experiment Comprehensive input when re-thinking and upper management direction Worst Practices Multiple fees for one application Requiring applicants to pick up their permits to transfer to another department Port St. Lucie
- 26. Florida American Planning Association Chapter Annual Conference September, 2011 Martin County
- 27. Martin County: Enjoy Our Good Nature. In the forefront of Florida planning since the early 1970s when Martin County began to adopt environmental and development controls, and began acquiring conservation, beach and park lands. Strong proponent of growth management. Martin County
- 28. Martin County: Enjoy Our Good Nature. four-story height limit countywide an urban service district boundary that limits the area of urban development strong environmental regulations Strong community activism Martin County
- 29. Martin County: Enjoy Our BAD REP Known widely as: Bureaucratic Difficult Slow Litigious In Response: County Commissioners 2007 Strategic Objective: Reengineer the development review process Martin County
- 30. Activities to accomplish reengineering began in 2007 and still ongoing Work Plans that included quarterly updates to BCC; at one point weekly meetings with County Administrator. Focus Group Meetings with development community. Interviews of stakeholders, including staff and public. Extensive staff involvement in reengineering activities. Revisions to Codes, website, and applications. Extensive training opportunities including LEAN Training attended by staff. Development and monitoring of metrics. Martin County
- 31. Specific Work Products to Reengineer Review processes EAR based Amendments to Comprehensive Plan. Expedited Processing of development applications Reduced and revised Fees. Implemented Permit Ready Industrial Parks, Small Business Bill of Rights (SBBOR) and LSTAR Ordinances. Redesigned website and applications for easier use. Martin County
- 32. EAR Based Amendments to Comprehensive Growth Management Plan to promote balanced, orderly, sustainable economic growth …. The Economic Element is an integral part of the County’s Comprehensive Growth Management Plan (CGMP) and is not an isolated set of policies. This and other elements of the CGMP form a system of development management, which includes the CGMP, Land Development Regulations, and concurrency management necessary to achieve a principal goal of economic development. Martin County
- 33. Strengthened Objectives/Policies in Economic Element to: Maintain and enhance programs for expansion of economic base. Provide incentives and remove disincentives. Promote economic diversity. Continue to promote tourism. Retain, expand, and recruit targeted businesses. Commercial and industrial inventory. Consider high priority of employment related sites when reviewing CPA, rezonings, and site plans. Martin County Martin County
- 34. Objectives/Policies in FLUE to: Encourage renewable energy resources in all future land use designations. Craft LDRs to guide mixed-use development in commercial areas outside CRAs. Provide zoning districts for research and developmen t. Martin County
- 35. Revised Development Review Procedures in LDRs Eliminated Development Review Committee; replaced with Joint Workshops with applicant and internal review team meetings. Added Sufficiency Check of applications. Revised thresholds of projects. Expanded list of activities that don’t require site plan approval. Further reduced timeframes for targeted business projects within CRA areas, and green development. Martin County Martin County
- 36. Revised Development Review Procedures in LDRs continued Eliminated Master Plan requirement for Major Developments. Allowed two re-submittals for projects to be approved: further review costs a re-submittal fee. Allowed minor corrections to related documents without new submittals. A three year one-time time extension approved via Ordinance assisted property owners as well. Martin County Martin County
- 37. Reduce (but not eliminate) Fees Adopted Impact Fee Schedule reduced non-residential fees by 31%. DR fees updated and revised. Martin County
- 38. Expedited Processing for Economic Development Actions by BCC Cut staff review timeframes by 42 percent. Done under separate BCC Strategic Objective on Economic Development. Memo of Understanding ( MOU) with Florida Office of Tourism Trade and Economic Development ( OTTED) adopted 7/2008. Martin County Martin County
- 39. Small Business Bill of Rights Resulted in revisions to Zoning Code, Parking Standards and Adequate Public Facilities in LDRs. Better defined changes in use. Streamlined the requirements relating to traffic impacts, parking requirements, and impact fees. Reorganized parking LDR and updated traffic study section. Martin County
- 40. LSTAR Zoning Code Change Identified life science and targeted businesses in multiple zoning districts, thereby eliminating rezoning process. Allowed two options for development of LSTAR at final site plan review. Allows alternative compliance to easily convert existing site to LSTAR project. Martin County
- 41. Revamped Web Site Establishment of web site Consolidates all development review information Provides easy to follow information required for permitting expansions and new facilities. Martin County
- 42. Martin County Means Business! Martin County Questions ?
- 43. FP&L Solar Facility First site plan application expedited under new streamlined process. $480 million project. Construction commenced December 2, 2008, with completion scheduled for the end of 2010. 1,000 construction jobs and several full time positions after completion. Martin County Martin County
- 44. River Forest Yachting Center Expedited building permit review. + $250,000 construction project. Adding several services that require skilled workers. Martin County
- 45. Liberator Medical Supply Building permit expedited Current employment is 121. Quick Response Training Grant of $134,000 to help train the 200 new, permanent, full-time employees it plans to hire during the next 24 months. Martin County
- 46. Vought Paint Booth Expedited site plan review. $12.9 million taxable investment by Vought. 100 direct jobs during next three years. Martin County
- 47. Turbo Combustor Expedited site plan review for new 19,000 square foot building and parking lot. Recent job growth from 350 to 376 employees . Martin County
- 48. Awareness Technology: 1st LSTAR Expedited conversion of grocery store site in a PUD to accommodate expansion plans for local company producing clinical laboratory instrumentation. "Support such as this should bode well for Martin County's economic future," the company said in a news release. (Stuart News 5/17/11) Martin County
- 49. Questions??? Martin County Questions ?
- 50. St. Lucie County EDC
- 51. Palm Beach County Regulatory Climate Committee ("RCC") Joshua I. Long, AICP Gunster Law Firm
- 52. Palm Beach County – Regulatory Climate Committee ("RCC") History Economic Council of Palm Beach County Commissioned Market Street Study Market Street Findings "In Business, Perception Is Reality”….. Cumbersome development rules in certain areas Damaged reputation Modest collaboration Damage To Economy? Losing Business To Other Areas In The State, Or Nationwide. Palm Beach County was Fighting: Cheaper land; Cheaper housing; Property insurance costs; Faster approvals; Corruption scandals; Perceived as more “business friendly”
- 53. RCC Formed Mission To Identify Issues And Present Solutions As It Pertains To The Regulatory Process In Order To Improve Business Development And Economic Growth Within PBC. Understand effects of Reg. Review on Business Development, both Private & Public Identify Best Practices, Private & Public Establish Public/Private Communication Buy in from municipalities (38 in PBC) Presentations to IPARC and City Managers Association Steering Committee Public / Private Partnership Meets Monthly - "Keep the momentum alive” Works on Key Issues and Conducts Research and Analysis
- 54. RCC Programs One on one interviews Stakeholder workshop Subgroup workshops Surveys (Directors and CEO's)
- 55. RCC Interviews Method of Interviews Same questions for everyone Anonymous Administered by same sector and discipline Who Responded 37 Private Sector 37 Public Sector Mix of Disciplines and Government Agencies Interview Categories : Customer Service Communication Process & Predictability Documents & Interpretation
- 56. Interview Report 42 page report Identified challenges and opportunities Identified Public and Private Sector Similarities and Differences Results: Broad Profession specific Existing Struggles Best Practices All reports and materials are available at www.economiccouncilpbc.org
- 57. RCC Stakeholder Workshop Public/Private Stakeholder Workshop 1/2 day workshop 115 Participants Charrette style break out groups Workshop Stakeholders Local Government / Department Heads Private Clients Elected Officials City and County Managers Builders / Developers Design Team / Architects / Planners Contracted Private Consultants who conduct public sector reviews Neighbors Advisory Boards League of Cities Business Forum (Economic Council, Gold Coast Builders Association, ABC, AGC, etc.)
- 58. RCC – Subgroups Formed Planners, Landscape Architects and Land Use Lawyers Engineers and Architects Building Department and Inspectors Each Subgroup met several times to fine-tune survey and workshop findings for their profession
- 59. Planning and Zoning Subgroup Customer Service, Communication, Interpretation Director Interpretation on Code and Process Application Ongoing Training for Staff Standard Methodology of Communication via Email, Memo, Letter (Internal And External) Clear Job Description/Responsibility for Staff Project Management/Coordination Meeting with Staff and Applicant Established policy in follow up (email, phone, meetings) Role of Elected Officials (training on goals of organization and communication with staff) Opportunity for input from Public before application approval Broadcasting of hearings and meetings Calendar of hearings/meetings/submittals Surveys (on customer service, code amendments) Other: (Public-Private "Bill of Rights" – Professionalism, Accountability, Responsiveness, Ethics, Communication)
- 60. Planning and Zoning Subgroup Documents and Processes Processes clearly established in Ordinance Application Flow Charts Flexibility by Staff in enforcing Process or Minor Changes. (Code vs. Internal Policy Memo) On Call Planner to respond to general questions Pre-Application Meetings to review applications with applicant and agent Standardized Comments and Conditions of Approval Confirmation Letters for applicant on a use or a process Submittal checklists Electronic Applications (typable forms, e-attachments of applications) Electronic Submittal of Application Expedited Approval Processes Electronic Site Plan Amendments
- 61. Planning and Zoning Subgroup Technology Electronic database to maintain applications Electronic Discussion Board (e.g. Microsoft SharePoint or Adobe collaboration) Video/Teleconferencing Websites Streamline Webcasting Meeting and Hearings Hardware / Software Compatibility
- 62. Public/Private Regulatory Climate Survey Surveys based on Palm Beach County Regulatory Climate Committee workshop results from May 2010 Surveys sent to Directors, CEO level officials Purpose - to identify best practices, not critique shortcomings Public Sector 38 surveys sent to Planning/Zoning Directors - December 2010 14 of 38 municipalities (36.8%) completed survey Top three topics from Public Sector Survey: Accountability and Responsibility Process Technology Private Sector 22 surveys sent to Principals/CEO's/Shareholders - February 2011 16 of 22 (72.7%) completed survey Top three topics from Private Sector Survey results: Communication Expedited Reviews Adherence to Project Schedules
- 63. RCC Results & Future Centralized Contractor Certification One registration location for all departments to reference Confirm licenses, Insurance, Business Tax Receipts Maintained by PBC Contractor Certification Department Universal Building Permit Application One form used by all building departments county-wide Based on state-statute, with contractor and building official input Draft has been approved by Building Officials Association, final approval expected this month Second Stakeholder Workshop planned for Spring 2012
- 64. Palm Beach County Universal Building Permit Application (DRAFT)
- 65. Questions or Comments? Should projects be rated based on their economic development value for review priority? Is it a good idea to not require landscaping upgrades on redevelopment projects and allow owners 6 months to come into compliance and issue a temporary C.O.? Do you always need to go through a regulatory rethink, ineffective management scenario? Does fast track reviews create jobs or economic growth?
- 66. Continued discussion… Next session 4:00p - 5:15p Reduce Process, Not Planning: Providing Business Friendly Customer Service, a how to approach
Editor's Notes
- #3: Nicki B. van Vonno , AICP, Martin County Daniel L. Holbrook , AICP, City of Port St. Lucie Rebecca Miller , St. Lucie County Economic Development Council, Miller Permitting and Land Development, LLC Joshua I. Long , AICP, Gunster, P.A.
- #4: Two government and two private sector panelist should help provide a diverse perspective to this issue. Plus the communities represented are different in character and the governments reflect it. Pro-growth/slow-growth
- #5: You will see 4 very different initiatives: a city, a county, a economic development council initiative, and a county wide multiple party initiative to bring change to the regulatory process. You will hear how each initiative approach the balancing act of community values.
- #6: Has anyone else in the room been faced with the public questioning why you do this or that, and why there is a fee, or why…. It is our job to Cause of the following issues that I have dealt with that the public is split on how they should be regulated in the NIMBY: cell towers, chickens, mobile food sales, amateur radio antennas, churches, trees, charter schools, group homes, pain clinics, and the like… What does it feel or look like?
- #7: This is our warning that change is not easy… but don’t run from the problem just take the firefighter mentality
- #8: What does Einstein have to do with Planning? Seems timely – yes? So lets take the challenge and begin the process of rethinking… I can say from personal experience that most government’s tweak their regulations as needed but when the times demand for more than one simple code change it is time to consider a re-think. Going through a re-think does not always end with a massive changes but rather it is the discussion of what values your community has and ensuring that the rules and process accurately reflect them. Many now have time to initiate review and change
- #9: Give me one value from each of these groups? Advocacy… ? Resident’s, compatibility of uses, usually equates to only houses or preservation land around my house please. But I would like to run a car repair shop in my back yard. Home values, Businesses: visibility, signage, Tourist: access, information Environment Others
- #10: Economy Need to examine the rules and systems in place to stay relevant. The balance needs to happen once we have put all values on the table to discuss and find consensus and what is best for the community. Understand your organization and what it could implement with little or no funds. Steps… or phase… there is great technology that could make things fast and accessible but it comes with a price tag that may not be palatable.
- #11: Just accept that change is the constant, we just have to see it.
- #12: Port St. Lucie is on the east coast of Florida and is the midway point between Orlando and Miami. Known for our GDC legacy as a pre-platted residential community, NY Mets spring training, QVC, New home to Digital Domain, Torrey Pines and VGTI, and progressive sprawl. 24 th safest city in the US to drive in, fastest growing city for many years this past decade in the US. It is the northern end of the Miami/FTL/WPB metro areas
- #13: We are a commuter city (most work in Martin and Palm Beach Counties), with over 7,000 businesses and most of them being mom and pop businesses, high unemployment and vacancy rates. Pro-growth city.
- #14: The sea of yellow is single family residential, that is our challenge/problem/opportunity. Anyone from Cape Coral, Palm Bay, Port St. Joe, in the house? You know what I am talking about. Sister GDC cities
- #15: The rethink was primarily a staff initiated project that was undertaken to help the city make decisions on improving our effectiveness. To be better… Key: feed back was that we were doing many things excellently. Problem area was dealing with the small (mom and pop businesses). How could we fix this Self examination: staff round table discussions, department head discussions, CM meetings City Council approval for action plan: Plan to initiate the project was approved by the CC Stake holder interviews: interviewed anyone willing to talk. EDC, Chamber, Businesses Research and analysis: comparative analysis Findings and recommendations: each department prepared recommendations to the ACM, ACM then presented them to the CC City Council update and direction: CC approved the majority of the recommendations Implementation: staff started implementing recommendations right away
- #16: We knew what was missing, but didn’t believe that the political backing existed to create some new regulations in the economic climate. We were wrong. Tree Preservation: Similar to Fort Pierce and MC Highlighting on the problem areas: small projects, redevelopments (minor/major triggers compliance), and one time applicants It is important to understand how you got here, the history of how or why your process or regulations were created so that you don’t make the same mistakes as in the past or so that . We have seen that our industrial areas, really don’t look or feel industrial in the pure sense. So theses soft industrials/warehouse uses typically are used or need to accommodate new uses or expanded retail or show space.
- #17: Groups to train, land developers, contractors, realtors, new business owners They are free and we get a company to sponsor the refreshments, and it becomes a time for folks to network and to have one on one time with staff.
- #19: Some pages are and apps are rough but the information is there and more to come. End the use of paper… what a concept
- #20: Business and public wants to know what they can expect, time to review and fees