Bridging the Gap Between Approval and Construction

Chateau de Chenonceau, Chenonceau, France

Introductions

Rakotzbruecke, Saxony, Germany

Communication Leverage Culture

Golden Bridge Da Nang, Viet Nam

That was a Condition of Development Approval??

Bridging the Gaps through Communication

Case Study

Subdivision built out with no sidewalks in front of stormwater ponds, common areas, or connecting to main road.

HOW DID THIS HAPPEN?

Building Department

Engineering Department

Planning Department

HOW DO WE FIX IT?

Building

Department

Engineering

Department

Planning

Department

Communication among Departments and Other Agencies

Strategies

• Writing Good Conditions.

• Attach conditions to construction plans.

• Coordinated reviews with departments.

• Checklist for review through site construction and building construction.

• Liaison in each department.

Strategies

• In person site visits throughout process.

• Utilizing People in the Field for site visits.

• Observing organization for deliberately broken lines of communication.

• Access to Information

• Time lapse between plan approval and construction commencement.

Regardless of The Size of Government

 New Development Standards

 Conditions of Approval

 Directives or Determinations

Small City Big County

We all have our difficulties, just in different ways

Small Cities

• Reliance on outside consultants breaks continuity between levels of review and inspection.

Big Counties

• Compartmentalized levels of review leads to breakdown in communications.

• Local politics can alter outcomes.

• Certain contractors learn to game the system.

Where plan implementation most likely goes astray

Planners are the Glue to Plan Implementation

If you want to become an effective planner, you must make your presence known:

• Understand every step of the development process.

• Get to know the City/County Engineer and build a rapport

• Know the site inspection staff, their names, and provide a line of communication

• Get to know the Building Official and build a rapport and means of contact

• Make sure they know who you are.

Choose your Conditions Wisely

At what level will they be implemented?

Can the Condition be evident on the engineering plans? Are your inspectors trained in interpreting the requirements?

Professional Plan Review

Will the same staff review the plans that participated in the hearing?

Will you need to be present at the inspection?

Who can assure they are implemented?

How will they know it was a condition of approval?

Chuck

Barmby, AICP CTP

Planning & Transportation Manager

City of Lakeland

Bridging the Gap Through

Many conditions of approval are not met because staff lost the position of leverage.

Perhaps they didn’t know what leverage they had!

Why?

• Public Safety

• Community Visions

o Infrastructure Level of Service

o Requirements will likely vary from place to place

• Rights of Customers and Providers (Easements)

o Public Agencies

o Utilities

o Current Property Owners

o Future Property Owners

Nexus and Proportionality

Section 70.45 F.S. “a property owner may bring an action in a court of competent jurisdiction under this section to declare a prohibited exaction invalid and recover damages caused by a prohibited exaction. Such action may be brought by a property owner at the property owner’s discretion when a prohibited exaction is actually imposed or when it is required in writing as a final condition of appr oval for the requested use of real property.”

Essential Nexus:

There is a relationship between the property owner’s activity and a burden that is placed on the community as a result.

Rational Nexus:

There is a definable benefit that accrues to any property owner assessed a fee for said benefit.

Rough Proportionality:

The amount of the exaction must roughly correspond to the burden placed on the government, resulting from the proposed development.

Typical Conditions to Track

• What can be seen

o Roads

o Sidewalks

o Transit and Other Concurrency

o Landscaping

o Recreation/Open Space (Not Leftover Remnant)

• What lies beneath the surface

o Water/Wastewater

o Electric

o Drainage/Retention

• Other

o Easements

o Phased Compliance

o Is there a Development Agreement?

Source of the Development Condition--

• What do applicable local Codes and Regulations require? Over time, interpretations and practices deviate from the strict writing of the Code language. “This is what we’ve always done.”

• What do State Statutes allow? Impacts of SB 812?

• PUD/PD Condition Language

• How clear are plans and staff comments. Resolution of disputes between reviewers and applicants?

• Development Agreements/Proportionate-Share Agreements

• Who owns roadways and utilities? What do they require as part of the permitting processes?

Senate Bill 812 – Chapter 2024-210

• By 10/1/24, requires the following entities to create a program to expedite building permit issuance process for residential subdivisions or planned communities before recording of final plat.

• County with 75,000 or more residents

• Municipality with >10,000 residents and 25 acres or more of contiguous land designated for agricultural or residential purposes in the comprehensive plan and future land use map.

Senate Bill 812 – Chapter 2024-210

• Must include application for an applicant to identify up to 50% of planned homes or the number of building permits that must be issued.

• Local government may issue more than 50% of the building permits.

• Application or approval may not alter or restrict the number of building permits requested.

• Requires increase to 75% by 12/31/27.

Senate Bill 812 – Chapter 2024-210

• Governing body shall create:

• Two-step process for the adoption of a preliminary plat.

• Master building permit process.

• A registry of at least three qualified contractors to supplement staff resources.

• Applicant:

• Shall hold a 130% performance bond (phase by phase)

• May not transfer ownership of residential building until plat is recorded.

• May not obtain temporary or final Certificate of Occupancy until final plat is recorded.

Realities

• Big Developers

• Small Business Owners

• Financial resources

• Knowledge of “The Process”

• Jargon in codes and regulations

• “I know the rules, but...”

• “I’ve already signed the lease!”

• Development schedules (order of reviews and inspections)

Water Utilities checklist for plan approval.

Points at Which Leverage May Be Applied:

• Plan Approval (Site or Subdivision Construction)

• Concurrency (yes, it’s still a thing)

• Establishment of Service

o Utilities and Opening of Access Points: No Electric, No Water, No Access…

• Certificates of Occupancy

• Holds on Future Phases

• Maintenance Bonds (Financial Security)

Points at Which Leverage May Be Applied:

• Plan Approval (Site or Subdivision Construction)

• Concurrency (yes, it’s still a thing)

• Establishment of Service

o Utilities and Opening of Access Points: No Electric, No Water, No Access…

• Certificates of Occupancy (Caution!)

• Holds on Future Phases

• Maintenance Bonds (Financial Security)

Conditions can be a Two-Way Street:

• Vacation of rights-of-way or easements to support development plan (do they need anything from the agency?)

• Impact Fee Credit Agreement

• Proportionate-Share Agreement

• Value of infrastructure to development

• New Schools

• Better Streets

• Reliable Utilities

Navigating Murky Waters

• Schedule regular site visits or a key points in construction and engage key staff often

• What are major conditions that must be completed?

o Access and Utilities

• What are minor conditions that can be the subject of a financial guarantee or additional flexibility?

• Bond/Letter of Credit/Other Financial Guarantees

• Conditions in these Guarantees

• Withhold utility meters

• Withhold necessary plat approvals ahead of recording

Who Are Key to the Process?

• Planners – Write concise and logical conditions; take field trips

• Plan Reviewers

• Permit Staff: Who’s reviewing the status of permits and knows what outstanding conditions exists?

• Other Permitting Agencies

• Inspectors, Eyes in the Field

Case Study

Large retail, office and hotel development, subject to uniform standards and concurrency through Development Agreement

1. Unified Development Buildings: It is the intent of this PUD to adopt uniform architectural design standards in order to ensure a project that is harmonious in form and appearance. Buildings identified as Anchor, Major and Retail buildings in Attachment “C” shall be constructed with architectural detailing in substantial accordance with architectural elevations included as Attachments "D-1," "D-2" and "D-3" dated October 13, 2010, provided, however, that building façades facing sidewalks or pedestrian ways shall have a vertical variation a minimum of every 30 feet measured horizontally along the face of the building. Such vertical variation may be provided by the addition of fenestration, columns, pilasters, wall plane projections/recesses or other architectural elements. Architectural elements may include shutters, awnings, canopies, porticos, trellises, pergolas, raised planters, or other elements approved by the Director of Community Development. With the approval of the Director of Community Development, minor adjustments can be made to the architectural elevations at the time of final site plan review without requiring a change to this PUD. This standard shall not apply to the northfacing facades of Major “A” through Major “F.”

4. Improvements to Crevasse Street:

a. Prior to the issuance of a Certificate of Occupancy for the first building within the project, the developer shall substantially complete improvements to Crevasse Street between US 98 and the easterly project boundary abutting Crevasse Street as depicted in Attachment “C,” with intersection improvements at Crevasse Street and US 98 to be performed as described in subsection (4)(b) below. This collector road shall be constructed with a four-lane cross-section between US 98 and Hopewell Avenue, a fourlane footprint with transition striping between the project’s middle driveway and Hopewell Avenue, and a two-lane cross-section between the middle driveway and to the eastern site boundary with appropriate turn lanes constructed at project’s eastern boundary. This improvement shall be eligible for Transportation Impact Fee Credits in accordance with the city’s Transportation Impact Fee Ordinance and the Development Agreement.

b. Not later than issuance of a Certificate of Occupancy for the first building within the project, the following improvements shall be constructed at the intersection of US 98 and Crevasse Street: (i) a second southbound left-turn lane on US 98 at Crevasse Street, and (ii) the eastern leg of the US 98/Crevasse Street intersection shall be improved to include three westbound approach lanes and two receiving lanes. This additional southbound left-turn lane and associated modifications to the US 98/Crevasse Street intersection shall be permitted through the Florida Department of Transportation. These improvements will require that additional lands be acquired by the Developer from third parties. The Developer shall use good faith efforts to acquire such lands by purchase. In the event that Developer fails to acquire such lands in a voluntary sale, the City of Lakeland agrees to use its powers of eminent domain as needed to acquire right of way for these improvements, including but not limited to use of the “quick take” condemnation method if appropriate or necessary to allow the Developer to remain on schedule to complete the intersection improvement prior to the anticipated completion date of the first building within the Project. The Development Agreement will address payment and reimbursement of right-of-way acquisition costs in accordance with the City’s Transportation Impact Fee Ordinance.

Plan Implementation Culture

Erik Peterson, AICP

Communication

Leverage

Culture

Good sports teams have a winning culture,

Good businesses have a culture of success,

Good communities have a culture too.

How can you create an understanding throughout the organization of the objectives and standards required of development?

Water Department staff?

• How much do you know about the other sections of your organization?

• How much do you know about the entire development process?

• How much do you know about the development community (both insiders and outsiders)?

Remember our Role as Planners

• Research • Inform

Evaluate

Validate

Identify Your Organization's Culture

• Itemize what’s most important to the Community

• Walkability and Pedestrian Safety

• Reforestation

• Protecting everyone’s property values

• Transportation Options

• Communicate it to each layer of the development review process

• Put it in terms that all can understand

• Communicate the Why

• Gain buy-in

• Be Consistent

• If the condition of approval is appropriate for one development, shouldn’t be for every other similar situation.

• Take pride in what is unique about your code and your community.

Validate

Culture Killers

• Silos

Apathy • Dwelling On The Past • Low Community Self Esteem

Bring down the Silos

Methods of Silo Destruction

• Organize informal “problem solving” meetings to discuss projects.

• Nothing happens without roads and utilities. But they are the often at odds with each other because they work in the same space. Help them become teammates, not adversaries.

• Show what they can gain from new development opportunities by leveraging efforts.

Become an Expert in Land Development

• Learn every step of the process – have knowledge of what it takes to go from a green site to final Certificate of Occupancy

• Learn the issues on both sides for the table – developing property is not easy, learn their product.

• Learn every division’s role in the process – what is their purpose in the review?

• Learn how they communicate – learn the jargon

• Listen and take note – absorb information in every situation

Step down from the Ivory Tower

• Don’t be a Bureaucrat

• Don’t be a “C” Student

• Don’t pass the buck

• Learn what motivates your people.

Public Safety

Remember why conditions are placed on development approvals?

Protection of Nearby Property

Values

Promoting a Public Purpose

Filling in the Gaps within Development Regulations For clarity For information To address nontypical situations

Nexus and Proportionality – Don’t Forget These:

Essential Nexus:

There is a relationship between the property owner’s activity and a burden that is placed on the community as a result.

Rational Nexus:

There is a definable benefit that accrues to any property owner assessed a fee for said benefit.

Rough Proportionality:

The amount of the exaction must roughly correspond to the burden placed on the government, resulting from the proposed development.

Never Be Adversarial

• “You catch more flies with honey than vinegar”

• Tryfigurativewineinstead :

• “Howcanwesolvethisproblemtogether?”

• Embrace the knowledge that it’s going to be a challenge.

• Remember you have leverage. Often the developer needs the improvements as much as the community does.

Case Study –

Polk County Surety and Acceptance Ordinance

Overcoming low community self esteem, apathy, and misinformation to implement a cultural change through communication.

Like many communities in the 2010s, Polk County had a problem

• Failed developments

• Unfinished infrastructure

• Damage to right-of-way

• Improvements incomplete

Solution: require financial securities when working in the County’s Right-of-way

• Performance Security – ensures that the work will be completed, if not the security will pay for the work to be completed.

• Maintenance Security – guarantees the quality of the work for an adequate amount of time providing funding for any repairs if necessary.

Most of All: Create Leverage

The Process took some time……

Began in late 2010 Adopted April 2023

Communication – Leverage - Culture

Roadblocks to Implementation

Response

Management – “we’ve never done this before”

Processing staff – more work for them

• Raised Awareness – There has been a steep rise in developers from out of town, state, and country. “it ain’t our relatives anymore”

• Organized a system – made it easier to implement (brochures and forms)

Legal Staff – can we defend it?

Planning Commission – This will drive up the cost of development!

• Gave comfort – Listed all the counties that required it so legal would know that we’re not alone.

• Cost of Inaction – documented how much the County spent fixing problems caused by unchecked development in the right-of-way.

In the End, We Overcame

• Silos – All departments learned that working as one, we could all achieve more

• Apathy – We chose not to take the easy way out.

• Dwelling On The Past – Realized that the County was changing and staff had to change with it.

• Low Community Self Esteem – Everyone agreed we deserved better: the Board, PCBA, Engineers, Development Community and Management.

Communication

Successful Implementation Questions?

Culture Leverage

Stefanie von Paleske-Bush, AICP

Central Florida Regional Planning Council svonpaleskebush@cfrpc.org

Marisa Barmby, AICP

Central Florida Regional Planning Council mbarmby@cfrpc.org

Chuck Barmby, AICP, CTP City of Lakeland charles.barmby@lakelandgov.net

Erik Peterson, AICP

Polk County erikpeterson@polk-county.net