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New - Land > CP Adds > Flashcards

CP Adds Flashcards

1
Q

1) State 1st test land developer faces.
—
2) What must he do if he fails the test?

A

1) Is is proposed use compatible w/ CP?
—
2) Amend CP.

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2
Q

Define LOS.

A

unit it has to give, unit they demand
———–
Level of Service Std = unit capacity to unit demand

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3
Q

State the 3-part test a rezoning request must meet.
—
If it passes, what is next test?

A

  1. In the public’s interest,
  2. Consistent w/ CP &
  3. ## Compatible w/ surrounding uses.
  4. Do we need to enter into a dev agmt?
    (a) Is the road in the cap impr PLAN.
    (b) If not, need to amend CP.
    —
  5. Address concurrency.
    (a) How does this impact LOS?
    (b) the government’s demand for property from a land-use permit
    applicant must satisfy the requirements of Nollan and Dolan even when the
    government denies the permit and even when its demand is for money.”
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4
Q

State the 2 step analysis of wh/ Parties need to enter a Dev. Agmt (ex. one builds a road for a desirable subdivision?).
—
STEP #1: What is it dependent upon?
—
STEP #2: If met, what is step #2?

A

1) Look to see if in capital improvement PLAN (part of cap imp ELE).
—
2) Address concurrency.
(a) What is the traffic impact of a development.
(b) How will it effect the LOS?
—
For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.

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5
Q

Capital Improvement Plan is part of what?

A

A piece of the capital improvement element. Every LG has to have a capital improvement plan. Any road is in the capital improvement plan. Why? b/c you need to have agreed w/ the public that general operating funds wd be spent on this road during the life of the plan.
Address concurrency. What is the traffic impact of a development. How will it effect the LOS? For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.

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6
Q

Why wd all roads be reflected in the capital improvement PLAN?

A

To agree w/ the public that general operating funds wd be spent on this road during the life of the plan.
Address concurrency. What is the traffic impact of a development. How will it effect the LOS? For roads, the LOS will fail b/c of this proposed request. In order to proceed we’ll need to amend the CP & enter a developer’s agreement.

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7
Q

Does every LG have to have a capital improvement PLAN?

A

Yes.

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8
Q

What do you say when your LG has proposed crazy exactions to Applicant Developer?

A

LG’s demands upon a land-use permit
applicant-
(1) must satisfy the requirements of Nollan and Dolan i.e. nexus
(2) even when LG denies the permit &
(3) even when its demand is for money.
———–
Koontz

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9
Q

What 7 items are excluded from the standard Expedited State Review Process?

A

1) Small scale [163.3187 + 288.0656]
2) Area of critical State concern.
3) Propose a rural land stewardship.
4) Propose a Sector Plan.
5) Propose an amendment to a Sector P.
6) Creates a municipality.
7) Propose a development that is subj to State Coordinated Review Process.
———–
~FS 163.3184(4)

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10
Q

Re: State Coordinated Review Process.
State LG timeline to kick off.

A

LG TO Reviewing Agencies:
10 days aft PH transmit to Rvwing Agencies.

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11
Q

Re: State Coordinated Review Process.
State Reviewing Agencies timeline.

A

30 days Rvwing Ag gives comments to SLP.

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12
Q

Re: State Coordinated Review Process.
State SLP’s timeline.

A

Has 60 days to issue ORC.
— then —
Has 45 days to issue NOI.

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13
Q

What is an ORC?
When is it issued?
By who?

A

Objections, Recommendations & Comments issued by SLPA 30 days after receiving proposed State Coordinated Review Process.
———–
1) Area of critical State concern.
2) Propose a rural land stewardship.
3) Propose a Sector Plan.
4) Propose an amendment to a Sector P.
5) Creates a municipality.
6) Propose a development that is subj to State Coordinated Review Process.
———–
~FS 163.3184(4)

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14
Q

What 4 things are contained in the ORC?

A

Re: State Coord. Rvw Process
1) Wh/ the plan complies w/ Ch. 163.
2) Wh/ it will adversely impact important state resources.
3) If so, how to mitigate.
4) May comment on densities + intensities.

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15
Q

What is LG’s timeline to finish State Coordinated Review Process?

A

1) TRANSMITTAL:
Give SLPA 60 days to issue ORC, if it chooses to review.

2) ADOPTION:
Give SLPA 45 days to issue NOI.

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16
Q

What is LG’s deadline to hold 2nd PH in:
1) State Coordinated Rvw Process.
2) Expedited State Rvw.

A

1) State Coord. 180 days
2) Expedited. _____ days.

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17
Q

Expedited State Review Process.
—
State 11 steps.

A

1) LPA preps CP amdmt.
2) Transmittal PH.
3) w/i 10 days - Transmit to SLPA & reviewing agencies.
4) Deem complete.
5) Rvwing Agencies rvw upon request of (a) LG, (b) regional planning council or (c) affected person.
6) State agencies comment only important state resources that may be adversely impacted.
7) Adopt PH - adopt w/ or w/o changes or determine it will not adopt the changes.
8) LG can require super maj but cannot permit public rt to approve or repeal CP amendments.
9) Send to SPA.
10) SPA deems complete.
11) Effective 31st day, unless challenged.

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18
Q

State the single difference b/w Expedited & State Coordinated re:
REVIEWING AGENCIES’ COMMENTS.

A

EXPEDITED
Rvwing Agencies rvw upon request of:
(1) LG
(2) Regional planning council or
(3) Affected person.
———–
vs.
COORDINATED
Rvwing agencies MAY give comment to SLPA.

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19
Q

State the single difference b/w Expedited & State Coordinated re:
SLPA COMMENTS/ISSUES WHAT?

A

EXPEDITED
State agencies shall only comment on important state resources that may be adversely impacted.
———–
vs.
COORDINATED
State issues ORC [aft transmittal if State chooses to review] + NOI [aft adoption[.

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20
Q

In Expedited, what 3 categories of folks can request that Reviewing Agencies review?

A

EXPEDITED
Rvwing Agencies rvw upon request of:
(1) LG
(2) Regional planning council or
(3) Affected person.

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21
Q

In State Coordinated Review Process, where do public comments get sent?

A

Go directly to LG.

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22
Q

State the single difference b/w Expedited & Coordinated re:
* LG’s ability to adopt or reject in whole or in part.

A

EXPEDITED:
Adopt w/ or w/o changes or determine it will not adopt the changes.
———–
COORDINATED:
STRICTER - Adopt changed or reject.

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23
Q

Re: State Coordinated:
What are the 2 items to know, as to who locally has power to approve/reject?

A

CAN - Require super maj
CANNOT - permit publc rt to approve or repeal CP amendments.

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24
Q

LG has adopted a Sector Plan or other under State Coordinated Review Process.
—
What are final steps by SLPA?

A

1) SLPA has 45 days to determine if complies w/ 163.
2) Issues Notice of Intent on SLPA website (not newspaper).
3) Effective upon Notice of Intent unless challenged.

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25
Q

State the differences b/w Expedited State Rvw & Coord. State Rvw after adoption PH.

Hint:
Expedited = 4 steps.
vs.
Coord = 6 steps.

A

EXPEDITED:
1) Adopt w/ or w/o changes.
2) Send to SLPA.
3) Deems complete.
4) Effective 31st day.
———–
COORDINATED:
1) Schedule Adopt w/i 180 days.
2) Adopt changed or reject all.
3) Send to SLPA.
4) Deems complete.
5) 45 days to determine complies w/ 163.
6) Issues & effective upon NOI on website.

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26
Q

Who + where challenge a State Coordinated Review outcome?

A

Who: Affected persons or SLPA
Where: Files w/ DOAH.

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27
Q

Re: State Coordinated Review challenge.
—
What is challenge limited by?

A

Limited to comments provided LG AFTER TRANSMITTAL.

28
Q

Re: Expedited State Review.
Who can challenge?
Where challenge?
When challenge?
Dfn. of trigger date?
———–
How does this differ from Small Scale?

A

WHO: Affected person.
WHERE: File a petition with the Agency
WHEN: W/i 30 days of EFFECTIVE date.
DFN: When SLPA deems complete = Effective.
———–
Different from small scale where Aff P files directly with DOAH 30 days from ADOPTION date.
———–
‘E’xpedited = ‘E’ffective.
sc’A’le = ‘A’doption

29
Q

How does Expedited State Review Process end up in DOAH?

A

Affected person filed petition w/ Agency.
SLPA determines CP not compliant.
SLPA forwards to DOAH.
———–
Different from small scale where Aff. Person files directly w/ DOAH.

30
Q

If there is an appeal by an Affected Person of an Expedited State Review Process, who can NOT participate?

A

State may not intervene in a proceeding filed by an Affected Person.

31
Q

Once in front of DOAH, what is standard?

A

Fairly debtable.

32
Q

Who is an “Affected Person” who can petition/appeal Expedited State Review Process?

A

Petitioner has an adverse interest, which must exceed in degree the general interest of the community.

33
Q

Who is NOT an “Affected Person” who CANNOT petition/appeal Expedited State Review Process?

A

Person who:
Does not live, own property or have a business address in the jurisdiction
OR
Has a business address but merely conducts some business activity in a juridiction.

34
Q

At DOAH:
1) How is LG’s determination of compliance viewed?
2) What is threshold for challenger to meet?

A

1) Presumed correct & sustained
UNLESS
2) Shown by a preponderance of the evidence it is not compliant w/ Ch. 163.

35
Q

State the time for challenge in:
1) Expedited.
2) Small scale.

A

Expedited - 30 days from ADOPTION.
—
Small scale - 30 days from EFFECTIVE date, not adoption of ordinance.

36
Q
A
37
Q

If Affected Person does not like the outcome of its petition before SLPA, what is its next step?

A

None.
Only appeals to DOAH if State determines CP not compliant w/ 163.

38
Q

DOAH receives cp/amdmt from SLPA:
If doah finds COMPLIANT w/ Ch. 163, what are next 3 steps?
If doah finds NOT COMPLIANT, what is single next step?

A

IF COMPLIANT:
(1) Admin Judge issues recommendation order & sends it to SLPA.
(2) If SLPA in agreement, concurs.
(3) If SLPA disagree, sends to Administrative Commission for final action.
———–
IF NOT COMPLIANT:
Admin J sends recommended order to Administration Commission.

39
Q

CP/amendmt is challenged by Affected Person as not compliant w/ Ch. 163 by petition to SLPA &
SLPA agrees & SLPA sends to DOAH . . .
—
If doah DISAGREES with slpa & finds CP/amdmt COMPLIANT what are next 3 steps?

A

IF COMPLIANT:
(1) Admin Judge issues recommendation order & sends it to SLPA.
(2) If SLPA in agreement, concurs.
(3) If SLPA disagrees, sends to Administrative Commission for final action.
———–
Same as small scale.

40
Q

CP/amendment is challenged w/ petition to SLPA by Affected Person saying that it is not compliant w/ Ch. 163.
SLPA agrees & sends to DOAH . . .
—
If doah AGREES w/ slpa that cp/amdmt is NOT COMPLIANT w/ Ch. 163, what is single next step?

A

IF NOT COMPLIANT:
Admin J sends recommended order to Administration Commission.
———-
Same as small scale.

41
Q

Administration Commission -
(a) Who is it?
—
(b) What role does it play in CPs?

A

(a) Governor & Cabinet.
—
(b) 2 ways:
-1- Admin J finds consistent but SLPA can’t concur, SLPA sends to Admin Comm.
-2- Admin J finds inconsistent, sends straight to Admin Comm.

42
Q

SLPA has received a recommendation order from Admin J on LG’s CP amendment. How soon must SLPA act?

A

Expeditiously. If no action taken w/i 90 days, Admin J Order is final.

43
Q

What does Admin Commission do when it receives:
(1) DOAH’s recommendation order that CP/amendment does NOT COMPLY w/ Ch. 163?
OR
(2) SLPA’s REFUSAL to CONCUR w/ DOAH’s recommendation order that CP/amendment DOES COMPLY w/ Ch. 163?

A

Hold a hearing, issue a final order wh/ CP or amendment is in compliance w/ Chapter 163.

44
Q

What is it that CP/Amendment should comply with?

A

Chapter 163.

45
Q

State the 4 descriptors of a sector plan?

Hint* Include size & what it addresses.

A

1) 5k ac.
2) Urban form.
3) Protect regionally significant resources.
4) Protect public facilities.

46
Q

What unique thing must you do when amending your CP if you have a military base in your juris?

A

Send to commanding officer for rvw & comment if wd affect DUI close to base.

47
Q

When do scoping meetings take place?
Who attends?
What do they do?

A

WHEN: when making a sector plan.
WHO: Regional Planning Council.
WHAT: recommend to SLPA & LG

48
Q

What 2 things are included in a Sector Plan?

A

1) Long term master plan.
2) Development order approving 2 or more detailed plans.
———–
FS 163.3245(3)

49
Q

We use fairly debatable to rvw cp/amdmts.
What kind of rule is it?

A

Fairly debatable standard of review is a rule of reasonableness.
———–
wd sound nice on an essay

50
Q

What is process to challenge a small scale cp?

A

WHO: Affected person
WHERE: Files petition DIRECTLY w/ DOAH [in others file w/ SLPA].
WHEN: 30 days after ADOPTION [in others after ordinance date]
THEN: Admin J holds hearing 30-60 days.
STD: Fairly debatable.

51
Q
A

WHO: Affected person
WHERE: Files petition DIRECTLY w/ DOAH [in others file w/ SLPA].
WHEN: 30 days after ADOPTION [in others after ordinance date]
THEN: Admin J holds hearing 30-60 days.
STD: Fairly debatable.

52
Q

Who can challenge a small scale cp/amdmt?

A

Affected person

53
Q

Where does Affected Person file his small scale challenge?

A

Files petition DIRECTLY w/ DOAH [in others file w/ SLPA].

54
Q

What is the trigger date for small scale challenge?
—
How does it differ from others’ trigger?

A

30 days after ADOPTION.
—
In others = EFFECTIVE date.

55
Q

How soon must Admin J hold hearing?
What is his standard?

A

30-60 days.
Fairly debatable.

56
Q

Who is cut out of the small scale & expedited challenge?
Give 2 reasons.

A

SLPA!
(1) In both, State cannot intervene.
(2) In small scale, file petition directly w/ DOAH (not SLPA).
———–
In State Coord., Aff Person or State may file w/ DOAH.

57
Q

What happens if DOAH finds cp/amdmt:
— Complies w/ Ch. 163?
— Does not comply w/ Ch. 163?

A

COMP:
Send to SLPA. If SLPA concurs, ends.
—
NON-COMP:
Send to Admin Commission. [in others sends to SLPA, who sends to Admin. Comm.]

58
Q
A

Small scale - file petition w/ DOAH 30 days from adoption. Hearing held 60 days.
—
Expedited - file petition w/ SLPA 30 days from adotion.

59
Q

In which cp/amdmt challenge does State have a chance to participate?

A

State Coordinated only. Either SLPA or Aff Person can file w/ DOAH.
———–
In Expedited & Small Scale, State cannot intervene.

60
Q

What are the 2 things LG must do if small scale involves a site of rural area of opportunity?
HINT:
(1) Acreage change.
(2) Certifications.

A

(1) Acreage limit increased 100%.
(2) LG certifies to SLPA that:
-a- It furthers the economic objectives set frth in the executive order issued under 288.0656(7)
-b- Property shall undergo public review to ensure concurrency requirements and fed., state & local environmental permits are met.

61
Q

State the 3 different trigger dates for CP challenges by Aggrieved Party.
(1) Small Scale.
(2) Expedited.
(3) Coordinated.

A

(1) sm’A’ll = ‘A’doption + 30 days.
—
(2) ‘E’xpedited = ‘E’ffective = 30 days from when SLPA deems complete.
—
(3) Coordinated = Effective date = 30 days from SLPA’s Notice of Intent.

62
Q

Coordinated State Review Process.
—
State 11 steps.

A

1) LPA preps CP amdmt.
2) Transmittal PH.
3) w/i 10 days - Transmit to SLPA & reviewing agencies.
4) Deem complete.
5) Rvwing Agencies may provide comment to SLPA.
6) State agencies comment only important state resources that may be adversely impacted.
7) IF SLPA chooses to rvw, has 60 days to issue ORC.
8) Adopt PH - adopt or reject.
9) Send to SPA.
10) SPA deems complete.
11) Effective upon Notice of Intent on SLPA website (not newspaper) unless challenged.

63
Q

Re: State Coordinated Review, how much time for SPLA to review & then issue what?
1) After transmittal?
2) After adoption?

A

1) 60 days for ORC (if chooses to rvw).
2) 45 days for NOI.

64
Q

State the 7 steps in Coord. State Rvw after adoption PH.

A

COORDINATED:
1) Schedule Adopt w/i 180 days.
2) Adopt changed or reject all.
3) Send to SLPA.
4) Deems complete.
5) 45 days to determine complies w/ 163.
6) Issues Notice of Intent on website.
7) Effective upon N of Intent.
———–
EXPEDITED:
1) Adopt w/ or w/o changes.
2) Send to SLPA.
3) Deems complete.
4) Effective 31st day.
———–

65
Q

State the 4 steps in Expedited State Rvw after adoption PH.

A

EXPEDITED:
1) Adopt w/ or w/o changes.
2) Send to SLPA.
3) Deems complete.
4) Effective 31st day.
———–
COORDINATED:
1) Schedule Adopt w/i 180 days.
2) Adopt changed or reject all.
3) Send to SLPA.
4) Deems complete.
5) 45 days to determine complies w/ 163.
6) Issues Notice of Intent on website.
7) Effective upon N of Intent.

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