Hillsborough County City-County Planning Commission 601 E Kennedy Blvd., 18 th floor, Tampa, Florida, 33601 813-272-5940 theplanningcommission.org EXECUTIVE SUMMARY Meeting Date: December 10, 2013 Agenda Item: CPA 12-23 - Flex and Blending Policy Update Presenter: Krista Kelly, extension 328 Action Necessary: No SUMMARY: This is a publicly initiated request for a text amendment to the Future Land Use Element of the Future of Hillsborough Comprehensive Plan for Unincorporated Hillsborough. The Planning Commission, pursuant to Florida Statutes, is required to make a recommendation to the Board of County Commissioners on all proposed changes to the Comprehensive Plan. This amendment is part of the October 2012 Submittal. The purpose of this text amendment is to clarify the intent of Future Land Use Element Policies 7.3 and 8.8 and to specify how these policies apply when parcels are separated by ROWs. Policy 7.3 is intended to allow for the flexing (extension) of a land use category boundary to onto an adjacent parcel. The Policy is revised to clarify how and when a flex is allowable and under what circumstances an approved flex of a Future Land Use category would be rescinded. Policy 8.8 is intended to allow the blending of Future Land Use category densities and intensities across a project area. The revision is proposed to clarify the circumstances under which the blending provision can and cannot be applied. RECOMMENDATION: This item is for your information only. No action is required. ATTACHMENTS: Amendment Summary
Planning Commission Workshop December 10, 2012 October 2012 Submittal Amendment Summary CPA 12-23 Future Land Use Element Text change. Flex and Blending Policy Update I. PROPOSED COMPREHENSIVE PLAN AMENDMENT A. Description of Request Request: This is a publicly-initiated text amendment to the Future Land Use Element Background: The purpose of this text amendment is to clarify how Flex Policy 7.3 and Blending Policy 8.8 apply when parcels are separated by ROWs. Policy 7.3 is intended to allow for the flexing (i.e., extending) of the land use category boundary onto an adjoining parcel. Policy 8.8 provides for the blending (i.e., averaging) of Future Land Use category densities and intensities across a project area. Planning Commission staffs, in coordination with the Property Appraiser s Office, have identified and generate a Future Land Use Map (FLUM) a Rights-of-Way (ROW) overlay. Currently, the FLUM does not show public ROW s and typically illustrates the Future Land Uses designation from parcels on either side of the ROW to the center of the road. The lack of showing ROW on the FLUM is misleading in the reflection of developable areas of the County, and does not clearly show the existing and planned road networks. To resolve this issue, Planning Commission staff is now able to more accurately show parcels, roadways, and other ROWs on the Future Land Use Map using the ROW overlay. Applying the ROW overlay to the Future Land Use Map necessitates the update to policies that are impacted by ROWs. Policies 7.3 and 8.8 have provisions for extending and adjusting densities and intensities across property boundaries and ROWs. The proposed text amendment to these policies are intended to clarify when and under what circumstance the flexing and blending policies are applied and how ROW is treated in the application of these policies. In addition, as a housekeeping effort, the Flex Policy 7.3 is revised to clearly articulate that flexing of a land use category cannot be extended from an existing flexed area, and that any major modification of a Planned Development nullifies an existing flex.
Proposed Text Amendment FUTURE LAND USE ELEMENT STAFF COMMENT: Policy 7.3 is intended to allow for the flexing of the land use category boundary to extend on to and adjoining parcel. The text is proposed for amendment: To clearly indicate that right-of-way is not included in the calculation of the 500 foot Flex measurement. To rescind flex approval in the event of a Major Modification of an approved Planned Development zoning. To recognize Community Plans that address the application of flexing land use boundaries within the Community Plan area. Policy 7.3: The land use category boundaries may be considered for interpretation as flexible boundaries in accordance with the Flex Provision as follows: Through application of the flex provision, the land use category boundaries shall be deemed to extend beyond the precise line to include property adjoining or separated by a man made or natural feature from the existing boundary line. The line may be relocated no more than a maximum of 500 feet from the existing land use boundary of the adopted Land Use Plan Map. Right-of-Way is not included in the measurement of the 500 foot flex. No new flexes can be extended from an existing flexed area.. All flexes must be parallel to the land use category line. Flexes are not permitted in the Rural Area or in areas specified in Community Plans. Flexes are also not permitted from the Urban Service Area into the Rural Area. All flexes in the Rural Area approved prior to July 2007 are recognized and are not to be considered non-conforming. Flexes to increase residential density are not permitted in the Coastal High Hazard Area. Flexes are not permitted from a municipality into the unincorporated county. 2
A flex must be requested as part of planned development or site plan oriented rezoning application. Major Modification to approved zoning nullifies existing flex approval. A new application for a flex is required. Applicants requesting a flex must provide written justification that they meet the criteria for a flex as outlined below. The Board of County Commissioners may flex the plan category boundary to recognize or grant a zoning district which is not permitted in the land use category but lies within the distance of a conforming land use category, as described above. Prior to the determination by the Board of County Commissioner, the staff of the Planning Commission shall make a recommendation on the consistency of the request with the Comprehensive Plan. Only for Illustration of the Flex below not part of the proposed amendment. Please see an illustration of the current FLUM without the ROW Overlay and the FLUM with the ROW Overlay. No change in the measurement of a flex results from showing ROW on the FLUM. Adopted FLUM Flex measured without the ROW Overlay Adopted FLUM with the ROW Overlay Flex measured with ROW Overlay ROW defines parcel boundaries ROW Flex measurement of CMU-12 on RES-9 parcel begins here 3
STAFF COMMENT: Policy 8.8 is intended to allow the blending of Future Land Use category densities and intensities across a project area. The revision is proposed to clarify the application of the Blending provision. The text is proposed for amendment: To clearly indicate that blending is limited to contiguous parcels and lands separated by a public ROW do not qualify as contiguous. To clearly indicate that blending cannot circumvent the Urban Service Area boundary in order to maintain a distinction between Urban/Suburban areas and Rural Areas and to prevent encroachment of densities and intensity inconsistent and incompatible with the rural areas character and agricultural activities. Policy 8.8: For projects whose boundaries encompass more than one land use category, density and intensity calculations will allow for the blending of those categories across the entire project. All portions of the project must be contiguous to qualify for blending. Blending of densities and intensities is not permitted across public roadways or between the Urban Service Area (USA) and Rural Land Area (RLA) boundary. The combined total number of dwelling units and/or FAR possible under all the land use categories within the project will be used as a ceiling for review purposes. This provides maximum design flexibility for those projects, because the location or clustering of those units on the project site need not conform to the land use category boundary on the site as long as the maximum number of dwelling units permitted for the entire project are not exceeded. B. Review Agency/Department Responses Copies of agency responses are included as an attachment to this report. No were objections received. C. Conformance with the Future of Hillsborough 2025 Comprehensive Plan The proposed amendment is consistent with the following objectives and policies found in the Future Land Use Element of the Future of Hillsborough Comprehensive Plan. Future Land Use Element Policy 1.4: Compatibility is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and 4
parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean the same as. Rather, it refers to the sensitivity of development proposals in maintaining the character of existing development. Policy 1.7: The County will create incentives to make development within the USA desirable and cost affordable. Such incentives may include but are not limited to expedited review processes, retrofitting existing development, increased density bonuses, tax incentives, impact fee structuring and pre-zoning of vacant, underutilized lands to achieve planned densities. Policy 16.10: Any density increase shall be compatible with existing, proposed, or planned surrounding development. Compatibility is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. Compatibility does not mean the same as. Rather, it refers to the sensitivity of development proposals in maintaining the character of existing development. D. Staff Conclusion and Recommendation The proposed amendment is Consistent with and furthers the Plan s growth management strategies that encourage higher densities and intensities in the Urban Service Area (USA) and promote compatibility between uses. Both Future Land Use Element Policy s 7.3 (flexing provision) and 8.8 (blending provision) promote alternative techniques to increase densities and intensities in a compatible manner within the USA. The proposed revisions to these policies are intended to clarify how the provisions are implemented and under what circumstance these provisions can be used. While the changes to these policies are not substantive and do not change the policy s focus on providing greater development flexibility, the amendment furthers the County s intent to provide context sensitive techniques to promote and achieve an efficient and sustainable development patterns in the USA. It is recommended that the Planning Commission approve the attached resolution finding the proposed plan amendment CONSISTENT with the Future of Hillsborough Comprehensive Plan and recommend APPROVAL of this Future Land Use Element text amendment to the Board of County Commissioners. 5
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Agency Comments
M E M O R A N D U M DATE: November 2, 2012 TO: FROM: Hassan Halabi, Senior Planner The Planning Commission Eli Alvarado, Project Manager II Public Utilities Department SUBJECT: Review of Plan Amendments CPA 12-23 through 12-28 The Public Utilities Department Solid Waste (PUD/SW) staff has reviewed the Comprehensive Plan Amendments cited above, and has the following comments: 1. The adopted level of service for solid waste in Hillsborough County is 2 years of permitted landfill space, with 10 years of raw land under the control of the County available. 2. The County currently has 15-20 years of permitted landfill space and additional area available to permit. 3. There is no initial capital investment required to maintain an adequate Level of Service with the projected impacts from the changes in the Land Use classifications. 4. Any annual operating costs resulting from the projected impacts will be recovered through the rates established for the Solid Waste Management System. 5. The Public Utilities Department has a CIP program, which includes maintaining and expanding its Solid Waste Management System. Please contact me at 663-3217 should you have any questions.
Hassan Halabi From: Sent: To: Cc: Subject: Moran, Kevin <MoranK@HillsboroughCounty.ORG> Tuesday, October 23, 2012 10:11 AM Hassan Halabi Weiss, T. Barton; Hammett, Chuck; McCary, John; Rogers, Kimberly CPA 12-23 Future Land Use Element Text Change Mr. Halabi, Public Utilities staff, responsible for planning for potable water and wastewater have reviewed CPA 12 23 Future Land Use Element Text Change Flex and Blending Policy Update and have no objections to the proposed amendment. Kevin Moran, P.E. Section Manager Planning, GIS and Records Public Utilities Department Hillsborough County BOCC p: 813.272.5977 x:43356 f: 813.272.6224 e: morank@hillsboroughcounty.org w: http://www.hillsboroughcounty.org Please note: All correspondence to or from this office is subject to Florida's Public Records laws. 1
Hillsborough County Public Schools Review Form TO: Hassan Halabi, Senior Planner FROM: David Borisenko, AICP Manager, Planning and Facilities Siting DATE: October 23, 2012 RE: Application Numbers: Hillsborough County Plan Amendments CPA 12-23 Text Amendment to clarify flexing and blending CPA 12-24 Balm Community Plan The District has no comment x The District has no objections. The District has no objections, subject to listed or attached conditions The District objects, based on the listed or attached issues. The proposed amendments appear to have no measureable impact on projected school enrollment at this time. Raymond O. Shelton School Administrative Center 901 East Kennedy Blvd. Tampa, FL 33602-3507 Phone: 813-272-4004 FAX: 813-272-4002 School District Main Office: 813-272-4000 P.O. Box 3408 Tampa, FL 33601-3408 Website: www.sdhc.k12.fl.us
Hassan Halabi From: Sent: To: Subject: Ivana Blankenship <iblankenship@tampabaywater.org> Friday, November 02, 2012 1:26 PM Hassan Halabi Re: October 2012 Submittal of Comprehensive Plan Amendment Hi Mr. Halabi, Tampa Bay Water offers no comments. Please direct any further request to me directly at this email. Thank you! Ivana Blankenship From: Hassan Halabi [mailto:halabih@plancom.org] Sent: Friday, November 02, 2012 8:51 AM To: Beth Alden; Bob Campbell (campbellr@hillsboroughcounty.org<mailto:campbellr@hillsboroughcounty.org>); Bud Whitehead; Carolyn Kamermayer (kamermayerc@hillsboroughcounty.org<mailto:kamermayerc@hillsboroughcounty.org>); Debra McInturff (dmcinturff@hcso.tampa.fl.us<mailto:dmcinturff@hcso.tampa.fl.us>); Eli Alvarado (Alvaradoe@HillsboroughCounty.org<mailto:Alvaradoe@HillsboroughCounty.org>); Joe Moreda; Linda Walker (walkerl@hartline.org<mailto:walkerl@hartline.org>); Lorraine Duffy Suarez (lorraine.duffysuarez@sdhc.k12.fl.us<mailto:lorraine.duffy suarez@sdhc.k12.fl.us>); Mark Thornton (thorntonm@hillsboroughcounty.org<mailto:thorntonm@hillsboroughcounty.org>); williamsm@hillsboroughcounty.org<mailto:williamsm@hillsboroughcounty.org>; Paul Vanderploog (vanderploogp@hillsboroughcounty.org<mailto:vanderploogp@hillsboroughcounty.org>); Paula Dye; Richard Garrity (epcinfo@epchc.org<mailto:epcinfo@epchc.org>); Richard Garrity (Business Fax); Ronald Rogers (rogersr@hillsboroughcounty.org<mailto:rogersr@hillsboroughcounty.org>); Sean P. McGinnis (mcginnis@ephc.org<mailto:mcginnis@ephc.org>); Sean P. McGinnis (mcginnis@epchc.org<mailto:mcginnis@epchc.org>); Sean P. McGinnis (Business Fax); Sharon A. Gonzalez (sgonzale@hcso.tampa.fl.us<mailto:sgonzale@hcso.tampa.fl.us>); Sharon A. Gonzalez (Business Fax); T. Barton Weiss (weissb@hillsboroughcounty.org<mailto:weissb@hillsboroughcounty.org>); Tom Hiznay (hiznayt@hillsboroughcounty.org<mailto:hiznayt@hillsboroughcounty.org>) Cc: Steve Griffin; Krista Kelly Subject: October 2012 Submittal of Comprehensive Plan Amendment Good morning This is a friendly reminder that your review and comments for the above listed Plan Amendments Cycle are due to us today. Your comments are very important to us in preparing the staff report to the Planning Commission and to the Board of County Commissioners. If you already have sent your comments to us, please disregard this notice, and if you have not sent them out, please do so as soon as possible. Your quick response to this request is greatly appreciated. Thank you Have a nice day Hassan Halabi Hassan Halabi Senior Planner Hillsborough County City County Planning Commission (813) 273 3774 ext. 324 halabih@plancom.org<mailto:halabih@plancom.org> www.theplanningcommission.org<http://www.theplanningcommission.org/> We are committed to maintaining the highest level of service and we value your feedback. Please complete our Customer Service Survey by visiting http://www.surveymonkey.com/s/tpccustomerservicesurvey 1
Transportation Systems - Multimodal Review Hillsborough County Comprehensive Plan Amendment Request CPA 12-23 The proposed text changes should not affect multi-modal transportation. If the changes spur future development, the multi-modal/complete streets planning group would like an opportunity to comment at that time. No additional comments at this time. Gena Gena Torres Project Manager II E torresg@plancom.org T 813.273.3774 x357 F 813.301.7172 All incoming and outgoing messages are subject to public records inspection. land use & transportation planning to improve quality of life a consolidated professional planning agency serving Tampa, Temple Terrace, Plant City & Unincorporated Hillsborough County 1
Hassan Halabi From: Sent: To: Subject: Bridges, Chris <BridgesC@HillsboroughCounty.ORG> Friday, November 02, 2012 10:56 AM Hassan Halabi October 2012 Submittal of Comprehensive Plan Amendments Hassan, Public Works has reviewed the plan amendments and has no comments. Regards, Chris Bridges, P.E. Hillsborough County Public Works Department Engineering and Environmental Section 601 E. Kennedy Blvd., 22nd Floor Tampa, FL 33602 813 307 1848 813 272 6458 (fax) 1
L:\TRAN_MPO\COMPREHENSIVE PLANS\HILLSBOROUGH CO\2012\CPA 12-23_BW.doc MEMORANDUM DATE: October 30th, 2012 TO: FROM: RE: Hassan Halabi, Senior Planner Bud Whitehead, Transportation Section CPA 12-23 Future Land Use Element Text Change Flex and Blending Policy Update Staff has reviewed and has no objections to the proposed text amendment to the Future Land Use Element.
Hillsborough Area Regional Transit Authority Memorandum TO: FROM: Mr. Hassan Halabi Senior Planner/Countywide Planning Hillsborough County City-County Planning Commission Linda Walker, Planner II Hillsborough Area Regional Transit Authority (HART) DATE: October 26, 2012 RE: CPA12-23 Flex and Bending Policy Update Future Land Use Element HART has reviewed the comprehensive plan amendment. HART concurs with the language that specifies that right-of-way is not included in the measurement of the 500 foot flexed area. This ensures there will be no loss of right-of-way on transit corridors for the placement of transit amenities.