Adding more Density is NOT Smart Growth!.
Politics - Pronunciation:\'pä-l?-?tiks\ noun, from the Greek word poly, meaning many, and ticks, meaning blood suckers.
Welcome to Daytona2020.com, your guide to why Daytona Politicians and power brokers want a “Vision Plan”.
3/19/08
CITY COMISSION AND CITY MANAGER TACTIC
ELIMINATE CITIZEN PARTICIPATION IN ZONING CHANGES
Daytona Beach residents and landowners should be aware of a back-door tactic the City Manager and Commission are positioning to use that will allow them to quickly and quietly make changes to the height and density (density is the number of units per lot or acre) permitted for new development anywhere in the city. If their strategy is successful, the public hearings and state agency review presently required for all such changes would be eliminated. It is completely legal and here is how it works:
Future development in the city is controlled by the city's Comprehensive Plan (Comp Plan). The Comp Plan consists of "text" which describes the rules, and "maps" which show which areas are covered by which rules. The maps, of course, are the heart and muscle of the Comp Plan. To change the allowable height or density in a neighborhood, no text change is necessary; all that is needed is to change the neighborhood's designation on the maps.
Because all development depends on the Comp Plan, state law requires that major changes to the Comp Plan must go through two public hearings and be reviewed and approved by the Florida Department of Community Affairs (DCA). In 2005 the law was changed to give local governments a way around this review. Florida Statute 163.3184(17) now says that if local governments adopt a "Community Vision Plan” and an "urban service boundary" line, then, for all map amendments within the urban services boundary (in Daytona Beach, the entire city would be within the urban services boundary), there is no longer any DCA review, and only one public hearing is required, with only 7 days notice that it is on the agenda. That means that if you are not carefully scanning the legal notices every day, by the time you hear that there was a vote, the heights and density in your neighborhood can already be changed, with no second reading, and no state review.
It’s not too late to stop this from happening. The Vision Plan has to be passed at two City Commission public hearings, and then approved by DCA to become part of our Comp Plan. Do not be fooled by the city staffs’ suggestion that the "Vision Plan" contains some kind of beneficial vision for the city's future. The only beneficial part of the Vision Plan for the residents was removed at the request of Cobb & Cole Development Attorneys and The Daytona Beach Chamber.
The "Vision Plan" contains no vision at all. Contrary to the Land Use Action Team’s specific request, the paid consultant and Steering Committee who changed the plan included no conditions, criteria, or limits to the heights or density, which can be set for any neighborhood in the city. What kind of "vision" does not include anything about height or density?
Once the Vision Plan is approved, with the higher density maps that they will source from other failed plans (yes that’s legal under 163), it will be a simple matter to declare the city to be an urban services area, and the new procedures - eliminating second reading and state review for map amendments - will automatically kick in. The only thing left is the addition of the maps, which is exactly why the Commission and the Steering Committee will declare that this is to be an “ongoing process” or a “living document”. It will go on living until they slide in the maps they want and get it approved by DCA.
All Daytona Beach citizens concerned about the future of their neighborhoods should contact both the City Commission and the DCA with their objections to the adoption of this Vision Plan. Without neighborhood specific criteria and limitations for future increases in height and density, the Vision Plan is just a quick ticket to back room zoning and removal of your ability to rebuild your “grandfathered” home after a storm or fire. In the future when you wonder just how did that 7-11s, nightclubs and condos wind up in the middle of your residential neighborhood, and the answer will be “Vision”. The question is if this is your Vision or just the one of the unscrupulous large-scale developers who drive up your taxes and lower your quality of life?
Sincerely,
Greg Gimbert
Striving Towards A New Daytona
www.STANDDaytona.com
Can we really control growth or not?
The City says it’s about getting “Smart Growth” and “Good Development”, but how shall we grow and where shall we grow are questions that have already been answered. They are answered in our Comprehensive Land Use Plan, commonly referred to as the Comp Plan.
What is a Comp Plan and why should you care? The Comp Plan is a state mandated locally administered guideline for development. You should care because the Comp Plan is what guides our Zoning laws. Zoning determines what building permits will be allowed which in turn dictates what can be built on your land and your neighbors land. In court cases that involve land use, the courts must adhere to the rules and regulations of the Comp Plan.
One of the regulations in the State’s Growth Management Act requires State review of changes to the Comp Plan. For instance if a developer wants to build more condos on the beach or houses in the woods than allowed in our Comp Plan, it must be approved by the City Commission and then reviewed by the State Department of Community Affairs (DCA). Comp Plan changes are supposed to be rare and have a broad public benefit to offset the often negative impact to neighboring lands. The DCA is a weak watchdog for the broad public benefit but they are better than nothing.
Why does the city want a Vision Plan?
Why is our city spending hundreds of thousands of dollars to adopt a Vision Plan? Couldn’t they just go through the current process and conduct business as usual? Of course they could but they would rather not have to go through the months long process and have to pass the state DCA overview. The danger in having a “Vision Plan” in a city is that the city can make changes to its Comp Plan at will without needing approval from the DCA!
What does it matter if the commission is making fast track changes to the Comp Plan? Well, the changes are always to allow for more buildings and people to be squeezed into our city. That’s very important in matters of road congestion, school capacity, crime, quality of your life, your neighborhood's existence and so much more.
I encourage you to take some time to read up on Florida Statute #163. It opened the door for "Vision" and the removal of your property rights. It can be found from the Senate website. See the link below. It is an extremely long statute but rich in "opportunities" for our irresponsible land use changes, tens of millions in tax giveaways, and the waiver of impact and utility fees for developers. Get informed...
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0163/titl0163.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20163
Common Sense Government?
The most basic growth question is how much growth are we already obligated to? How many residential units (homes, condos, apartments, townhomes, ect) are we allowed to build under our current Comp Plan? How much would we grow if we bulldozed every building in the city, homes included, and rebuilt the city to the limit of our current Comp Plan? Would the residential increase be 50%, double, triple? The FACT is that it would be NINE times more residences than we currently have! Just imagine 9 times more cars at every stop light, 9 times the kids at school, 9 houses stacked on every house, apartment, condo, ect.
The irrefutable fact is that 900% growth is allowed RIGHT NOW without any changes needed to the Comp Plan. Please see the Density Documentation page for proof. The alarming part is our City Commission keeps granting density bonuses on a project by project basis. Translation - the City Commission allows more units to be built than the current Comp Plan and Zoning allows. More buildings and more people, and you cannot take it back, not without property owner lawsuits. Once you grant the land use changes there’s really no way to force it back.
Water, water....everywhere?
Mad yet? There’s more. There are strict limits on how much water we are allowed to pump from the Aquifer and the state will not increase it, no matter how much we grow in size or density. We are today, pumping more than 75% of that allowance. That’s right, we are already obligated to support water usage for 900% more residents with only 25% more water… and the City Commission keeps allowing more and more density. Please see the Water Documentation page for more details
Welcome to Daytona2020.com, your guide to why Daytona Politicians and power brokers want a “Vision Plan”. CITY COMISSION AND CITY MANAGER TACTIC ELIMINATE CITIZEN PARTICIPATION IN ZONING CHANGES Sincerely,
Greg Gimbert Can we really control growth or not? The irrefutable fact is that 900% growth is allowed RIGHT NOW without any changes needed to the Comp Plan. Please see the Density Documentation page for proof. The alarming part is our City Commission keeps granting density bonuses on a project by project basis. Translation - the City Commission allows more units to be built than the current Comp Plan and Zoning allows. More buildings and more people, and you cannot take it back, not without property owner lawsuits. Once you grant the land use changes there’s really no way to force it back. Water, water....everywhere?
3/19/08
Daytona Beach residents and landowners should be aware of a back-door tactic the City Manager and Commission are positioning to use that will allow them to quickly and quietly make changes to the height and density (density is the number of units per lot or acre) permitted for new development anywhere in the city. If their strategy is successful, the public hearings and state agency review presently required for all such changes would be eliminated. It is completely legal and here is how it works:
Future development in the city is controlled by the city's Comprehensive Plan (Comp Plan). The Comp Plan consists of "text" which describes the rules, and "maps" which show which areas are covered by which rules. The maps, of course, are the heart and muscle of the Comp Plan. To change the allowable height or density in a neighborhood, no text change is necessary; all that is needed is to change the neighborhood's designation on the maps.
Because all development depends on the Comp Plan, state law requires that major changes to the Comp Plan must go through two public hearings and be reviewed and approved by the Florida Department of Community Affairs (DCA). In 2005 the law was changed to give local governments a way around this review. Florida Statute 163.3184(17) now says that if local governments adopt a "Community Vision Plan” and an "urban service boundary" line, then, for all map amendments within the urban services boundary (in Daytona Beach, the entire city would be within the urban services boundary), there is no longer any DCA review, and only one public hearing is required, with only 7 days notice that it is on the agenda. That means that if you are not carefully scanning the legal notices every day, by the time you hear that there was a vote, the heights and density in your neighborhood can already be changed, with no second reading, and no state review.
It’s not too late to stop this from happening. The Vision Plan has to be passed at two City Commission public hearings, and then approved by DCA to become part of our Comp Plan. Do not be fooled by the city staffs’ suggestion that the "Vision Plan" contains some kind of beneficial vision for the city's future. The only beneficial part of the Vision Plan for the residents was removed at the request of Cobb & Cole Development Attorneys and The Daytona Beach Chamber.
The "Vision Plan" contains no vision at all. Contrary to the Land Use Action Team’s specific request, the paid consultant and Steering Committee who changed the plan included no conditions, criteria, or limits to the heights or density, which can be set for any neighborhood in the city. What kind of "vision" does not include anything about height or density?
Once the Vision Plan is approved, with the higher density maps that they will source from other failed plans (yes that’s legal under 163), it will be a simple matter to declare the city to be an urban services area, and the new procedures - eliminating second reading and state review for map amendments - will automatically kick in. The only thing left is the addition of the maps, which is exactly why the Commission and the Steering Committee will declare that this is to be an “ongoing process” or a “living document”. It will go on living until they slide in the maps they want and get it approved by DCA.
All Daytona Beach citizens concerned about the future of their neighborhoods should contact both the City Commission and the DCA with their objections to the adoption of this Vision Plan. Without neighborhood specific criteria and limitations for future increases in height and density, the Vision Plan is just a quick ticket to back room zoning and removal of your ability to rebuild your “grandfathered” home after a storm or fire. In the future when you wonder just how did that 7-11s, nightclubs and condos wind up in the middle of your residential neighborhood, and the answer will be “Vision”. The question is if this is your Vision or just the one of the unscrupulous large-scale developers who drive up your taxes and lower your quality of life?
Striving Towards A New Daytona
www.STANDDaytona.com
The City says it’s about getting “Smart Growth” and “Good Development”, but how shall we grow and where shall we grow are questions that have already been answered. They are answered in our Comprehensive Land Use Plan, commonly referred to as the Comp Plan.
What is a Comp Plan and why should you care? The Comp Plan is a state mandated locally administered guideline for development. You should care because the Comp Plan is what guides our Zoning laws. Zoning determines what building permits will be allowed which in turn dictates what can be built on your land and your neighbors land. In court cases that involve land use, the courts must adhere to the rules and regulations of the Comp Plan.
One of the regulations in the State’s Growth Management Act requires State review of changes to the Comp Plan. For instance if a developer wants to build more condos on the beach or houses in the woods than allowed in our Comp Plan, it must be approved by the City Commission and then reviewed by the State Department of Community Affairs (DCA). Comp Plan changes are supposed to be rare and have a broad public benefit to offset the often negative impact to neighboring lands. The DCA is a weak watchdog for the broad public benefit but they are better than nothing.
Why does the city want a Vision Plan?
Why is our city spending hundreds of thousands of dollars to adopt a Vision Plan? Couldn’t they just go through the current process and conduct business as usual? Of course they could but they would rather not have to go through the months long process and have to pass the state DCA overview. The danger in having a “Vision Plan” in a city is that the city can make changes to its Comp Plan at will without needing approval from the DCA!
What does it matter if the commission is making fast track changes to the Comp Plan? Well, the changes are always to allow for more buildings and people to be squeezed into our city. That’s very important in matters of road congestion, school capacity, crime, quality of your life, your neighborhood's existence and so much more.
I encourage you to take some time to read up on Florida Statute #163. It opened the door for "Vision" and the removal of your property rights. It can be found from the Senate website. See the link below. It is an extremely long statute but rich in "opportunities" for our irresponsible land use changes, tens of millions in tax giveaways, and the waiver of impact and utility fees for developers. Get informed...
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0163/titl0163.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20163
Common Sense Government?
The most basic growth question is how much growth are we already obligated to? How many residential units (homes, condos, apartments, townhomes, ect) are we allowed to build under our current Comp Plan? How much would we grow if we bulldozed every building in the city, homes included, and rebuilt the city to the limit of our current Comp Plan? Would the residential increase be 50%, double, triple? The FACT is that it would be NINE times more residences than we currently have! Just imagine 9 times more cars at every stop light, 9 times the kids at school, 9 houses stacked on every house, apartment, condo, ect.
Mad yet? There’s more. There are strict limits on how much water we are allowed to pump from the Aquifer and the state will not increase it, no matter how much we grow in size or density. We are today, pumping more than 75% of that allowance. That’s right, we are already obligated to support water usage for 900% more residents with only 25% more water… and the City Commission keeps allowing more and more density. Please see the Water Documentation page for more details
Bottom line
We must not let the development representatives, who will be overwhelmingly represented in the Vision Plan’s “Stakeholder Group”, distract you with threats that density increases are the only path to affordable housing, lower taxes and more jobs. If we cannot get those things, by growing in some amount at or below 9 fold, then we might just be better off without them. Don't fall for this second attempt by our City Commission to wholesale increase the Density in our city beyond our current obligation.
Posted 9/12/07
Submission for public input for 2007 Daytona Beach Vision Plan....
Daytona Beach’s Needed Changes In Growth Management And Intensity Of Land Use
3 Must Haves for the 2007 Daytona Beach Visioning Process
First, many residents believe we should not grow beyond the level that can be supported by the clean water we are allowed to pump from our Florida Aquifer. The most alarming issue to come out during the Daytona Beach Vision Process is that our City regulations allow for growth many times beyond this Aquifer specific level. To build beyond this level will require our city to invest in alternative water sources that process salt or polluted water at a cost many times over our current costs. Responsible visioning includes honest discussion about where our city wants to place such plants and how they will use eminent domain to acquire the property. Does any resident or local business want to bear the higher cost burden for this tainted water? Perhaps instead of river and ocean water they plan to process street runoff and sewage at the current water plant as in designated Black Water systems? Both options should be soundly rejected. Common sense dictates that City Staff and appointed boards immediately stop annexations and land use changes that increase the intensity of development allowed. It should also be the first responsibility of the Vision Executive Committee and then City Commission to correct this citywide error and bring our growth limits within the state mandated aquifer pumpage limits.
Next, there is strong local support for holding new construction to strict
adherence to current regulations. This will discourage incompatible
development and insure that it conforms to our codes and regulations. This policy will put an end to the use of shady rule changing designations that increases the intensity of development allowed. These designations include: Planned Unit Developments, Planned Commercial Developments, Planned Redevelopment, and Urban Infill. Local examples include retail big box stores, bars and nightclubs, or large commercial structures in or near residential neighborhoods. Although our city staff and elected leaders may have already changed our Comp Plan to allow such incompatible uses, our city still owes developers no more than a time limited building permit for a properly conforming project.
Finally, residents deserve a vote in determining if Daytona will allow the Posted 7/18/07
easily corruptible practice of Transfer of Development Rights (TDR). TDR is the stacking of potential construction from a currently allowed site (sending area) on top of another site (receiving area) where identical type construction is also allowed. In order to keep this practice from being abused in the same manner Comp Plan and Zoning changes have, base level guidelines should be in place. 1) That the sending and receiving areas for any project must be in the same neighborhood. This insures the resulting impacts and benefits are fair and local. 2) That the transfer be neutral, with no net increase in intensity as defined by density for residential projects or floor area ratio for commercial projects. 3) That all parcels used as sending areas be irrevocably deeded free and clear to the city. 4) That sending and receiving areas are equivalent parcel types, oceanfront-to-oceanfront, riverfront-to-riverfront, commercial-to-commercial, ect. 5) That they strongly benefit the impacted residents as well as the greater community, not just the developer. 6) That they are approved as needed by the community, on a case-by-case basis, and that no transfer of density is guaranteed, implied, or entitled simply because a parcel exists in the city limits. 7) It is the responsibility of the developer to prepare sending sites to a level determined by the city, including mandatory cleanup of any contamination and liability for any necessary clearing of existing structures.
Adopting a Vision Plan
Daytona Beach’s path to next generation CRAs
Dear Neighbors,
The Visioning Process has been a challenging experience for the dozens of us who participate in it regularly. I am reluctant to continue knowing the consequences of our city actually adopting a Vision Plan. Our densities will be further exploited, more neighborhoods sacrificed, and we will waste tens of millions from yet another source of financial giveaways to developers.
Please consider: In adopting a Vision Plan, we give city hall the ability to declare lands redevelopment and/or urban infill beyond our five existing CRAs. If a neighborhood simply appears on this new Vision Plan Map its zoning protections are gone, with no red tape. Has this land use uncertainty ever helped any CRA neighborhood? NO.
Meanwhile our Visioning Process has stubbornly ignored the most basic question of “How much growth is too much?” We have not reconciled the fact that our current laws allow us to grow 900% and adopting any Vision Plan will fast track increasing that limit. Do we really want more than 900% growth when we only have 15% capacity left in our state allocation of clean Aquifer water?
Furthermore, adopting a Vision Plan grants city hall more financial giveaways. It is legislative permission to waive back taxes, permit fees, impact fees, water and sewer costs, and more. These Vision Plan giveaways will be paid by the taxpayers of Daytona Beach instead of more evenly spread across the County as in our 5 CRAs. Last year’s budget increases were ruinous and now the state is forcing even more reductions. Where is the money coming from to replace the new Vision Plan giveaways? From our core services if we allow it. I believe residents can no longer afford to let city staff ignore these costs of growth.
Worst of all, regardless of what is in a Vision Plan, the recommendations and research are not binding. State law grants that a city can ignore whatever parts it wants while still enjoying the land use freedom and financial giveaway authority. See Statute 163.3167 SCOPE OF THE ACT, Section 11.
Any Vision Plan should be approved at a regular election by a majority of the registered voters before it can be adopted. It’s a next generation CRA! In dollars and quality of life we are the ones paying for it after all. We should have the deciding vote in doing it to ourselves this time. Call Mayor Ritchey and your Commissioner today. Demand they fulfill their responsibility to open government.
Insist on legislation to insure a vote.
What can you do about it?
Act Locally by supporting
www.StandDaytona.com
Act Statewide by supporting
www.FloridaHometowndemocracy.com
Please contact your City Commissioners and Mayor and demand they put the STAND Amendments on the ballot. Their information is available on the city website at
http://www.ci.daytona-beach.fl.us/
