DCA QUARTERLY REPORT – FOURTH QUARTER 2008-2009

ATTACHMENT A-1

REGIONAL PLANNING COUNCIL – GENERAL REVENUE FUNDING

PART I

1. Areas of Critical State Concern: Upon request, provide assistance to DCA or to local governments.

Accomplishments:

• Staff continues to monitor ACSC issues and, upon request, provided assistance to DCA and local governments.

• Staff has reviewed Safari Wild, LLC’s request for a USDA guaranteed loan to provide long term financing for an animal safari park on the Green Swamp Area of Critical State Concern in Polk County. At this time, there are pending regulatory approvals which are currently being reviewed by Polk County and DCA. At this time, the CFRPC maintains a “hold” on this request.

2. Ten-year Site Plans and Site Certification: Upon request, provide assistance to the Department, DEP and the PSC in performing review, and act as a clearinghouse for such projects.

Accomplishments: Staff has evaluated two transmission line siting applications and found no issues of regional concern.

3. Dispute Resolution: Make available a dispute resolution process to reconcile differences between local governments on planning and growth management issues pursuant to Section 186.509, Florida Statutes.

Accomplishments: No Dispute Resolution activity this period

4. Data Uniformity:

• Coordinate with the Department to achieve uniformity and consistency in land use information and data collection efforts in the State, and to provide a usable and accessible database to assist local governments and the private sector, pursuant to Subsection 186.507.

• Within 60 days following adoption of a SRPP amendment, provide a computer file copy of all maps used in the amendment.

Accomplishments:

• Staff continues to cooperate with the Department as requested.

• There have been no amendments to the SRPP this quarter.

5. Emergency Preparedness Planning: Provide a representative to participate as a review team member during the reviews of local comprehensive emergency management plans in accordance with Rule Chapter 9G-6.006 and 9G-6.007, Florida Administrative Code, and local post-disaster mitigation and redevelopment plans.

Accomplishments:

Staff continues to assist the counties as requested. Staff has attended meetings and assisted DeSoto County and Polk County as they brought their Local Mitigation Strategy Plan forward. Staff attends meetings, reviews documents, and makes comments as requested.

The Staff has completed the annual update of the LEPC District 7, Hazardous Materials Emergency Plan for FY 2009. This plan was completed and submitted to DEM for their review and approval on June 2, 2009.

Accomplishments: There were 14 Intergovernmental Coordination & Review (IC&R) applications reviewed during this quarter with “No Comment” letters issued for all 14.

7. Hazardous Waste:

• Advise local governments with regard to the hazardous waste site verification program pursuant to Section 403.723(2), Florida Statutes.

• Assist, to the extent possible, DCA with implementation of the state multipurpose Hazardous Waste Facility Siting Act, Sections 403.78 - 403.7893, Florida Statutes.

Accomplishments:

No local government within the region has contacted the Council about determining a site for a hazardous waste site pursuant to Section 403.723(2), F.S.

DCA has not requested assistance with the Hazardous Waste Facility Siting Act.

Staff has completed the Hazards Analysis inspections for Okeechobee and DeSoto Counties for FY 08-09 and submitted their report. We are awaiting approval from DEM.

Fourth quarter 2009 inspections under the Small Quantity Generators of Hazardous Waste (SQG) Program are complete for Okeechobee, Hardee and DeSoto Counties.

8. Annual Report: Provide an annual report on the region’s activities to DCA by June 30, of each year, as required by Section 186.513, Florida Statutes.

Accomplishments:

• The annual report requirement is met each year by the submission of the Regional Planning Council’s Joint Report and Directory. The Council provided information to the Florida Regional Council Association (FRCA) for preparation of the report for 2009.

8. Assistance to Citizens and Local Governments:

• Provide assistance to DCA in the accomplishment of its objectives as set forth in Section 163.03, Florida Statutes. Conduct activities as necessary to implement appropriate provisions of Section 186.505, Florida Statutes.

• Provide assistance to interested parties relating to any activities conducted pursuant to this or past Agreements with DCA.

Accomplishments:

• Staff received and responded to approximately 332 requests for assistance from citizens and/or representatives from local government, in person and by phone, during the last quarter.

• The Council’s contracted DRI administrator received and responded to 19 requests for assistance from citizens or representatives from local government concerning current or historical DRI activities. The 19 requests involved approximately 14 hours.

• Staff administering DCA related activities this past quarter utilized a total of 4,634 hours.

• The Council has identified specific technical assistance needs in local governments in the region. This quarter 13 (thirteen) municipalities are making use of Council staff to provide basic planning administration and training available to their governing bodies, boards and permitting and code enforcement staffs. Chief among the tasks delineated in Standard and Specialized Planning Advisory Services (PAS) contracts are; (a) planning and zoning administration, (b) concurrency management systems design and maintenance, (c) GIS mapping, (d) comprehensive plan maintenance (which includes amendments), (e) land development regulation design and maintenance, and (f) large-scale development review.

• The Council is preparing the Evaluation and Appraisal Reports (EARs) for 19 (nineteen) local governments in the Region.

• The Council is currently drafting the EAR-based amendments for Hardee and Highlands Counties.

• The Council is currently conducting a Joint Land Use Study for the Avon Park Air Force Range covering range operations affecting Highlands, Osceola, Okeechobee and Polk Counties and the Cities of Avon Park, Frostproof and Sebring.

• The Council also has specific PAS contracts for assisting in the Joint Planning Agreements for City of Auburndale and Polk County.

• The Council is revising the Land Development Code for the City of Frostproof.

• Community Redevelopment Agencies (CRA): Staff continued assisting and providing administrative support to the Bartow CRA. The Council continued under contract to assist the City of Fort Meade in the creation of a CRA and prepare a draft redevelopment plan. Staff continued to provide support to Polk County’s Northridge CRA for infrastructure planning. Staff also provided technical information to the City of Eagle Lake and the City of Lake Alfred. Staff continued providing answers to various CRA queries.

• This quarter the Council Staff assisted Hardee County and the Cities of Arcadia, Avon Park, Dundee, Eagle Lake, Lake Alfred, Mulberry, Polk City, Wauchula, and Zolfo Springs in the processing and preparation of Comprehensive Plan amendments.

• A total of 3,755 hours of staff time was spent providing Planning Advisory Services (PAS) to local governments this quarter.

• Council staff participated in the development of a modified Transportation Proportionate Fair Share memorandum of understanding/interlocal agreement, and ordinance for the use of local governments. The Council continues to assist Polk, Okeechobee, Highlands, Desoto, and Hardee Counties, and the Cities of Arcadia, Auburndale, Bartow, Bowling Green, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Haines City, Highland Park, Hillcrest Heights, Lakeland, Lake Alfred, Lake Hamilton, Lake Wales, Mulberry, Okeechobee, Polk City, Wauchula, Winter Haven and Zolfo Springs with transportation Concurrency and Transportation Fair Share activities upon request.

• Council staff is assisting in the implementation of an updated interlocal agreement and Public Education Facilities Element of the Comprehensive Plan for Polk County and municipalities within the County.

• Council staff is also providing ongoing services as School Concurrency is being implemented.

• DeSoto County, DeSoto County School Board, City of Arcadia and Council staff met in June to discuss DeSoto County School Concurrency. The Council is assisting DeSoto County in addressing School Concurrency requirements.

• The Council has helped form a Polk Lands Stewardship Alliance with environmental groups, agricultural groups, and builders groups. This group continues to meet and provides on-going coordination.

• The Council is a founding member of the Polk Attainable Housing Alliance, which is committed to planning new partnerships to solve the growing concern for affordable housing in the Central Florida Region.

• Council Staff is assisting 13 small, rural cities in drafting their Evaluation and Appraisal Reports The staff is also assisting 6 other cities, Auburndale, Avon Park, Bartow, Dundee, Lake Alfred and Lake Placid in preparing their Evaluation and Appraisal Reports.

• The Staff is assisting 5 cities with the preparation of the required 10-Year Water Supply Plans and related Comprehensive Plan Amendments.

• The Staff continues to monitor the Rural Land Stewardship rulemaking and potential projects in Highlands County.

• The Council held four additional meetings on the Regional Visioning effort referred to as “Heartland 2060”. The meeting held on April 8^th was a meeting of the Environment and Natural Resources Task Force, with approximately 33 people in attendance. The topic of this meeting was Agriculture. The April 22^nd meeting was a Leadership Team meeting, with approximately 25 people in attendance. The April 29^th meeting was a meeting of the Education, Workforce and Economic Development Task Force, with approximately 25 people in attendance. The topic of this meeting was Early Learning, K-16 and Lifelong Education. The Transportation and Land Use Task Force held its first meeting on June 17^th, with approximately 58 people in attendance. The Task Forces continued to address the key issues facing their areas of concern in the visioning process, and worked on Goal Statements. There are one or more meetings per month on the upcoming schedule.

• Council staff continues to assist and coordinated with the U.S. Census Bureau and DeSoto, Hardee Highlands, and Polk Counties and municipalities with the 2010 Census Participant Statistical Areas Program.

• Council Staff assisted the FDOT with the arrangements, securing panelists and publicity for a Transit-oriented Design Development workshop held for the region on May 21, 2009.

PART II

Developments of Regional Impact (DRI)

1. Carry out all applicable DRI and FQD procedures as required by Chapter 380, Florida Statutes; Rule Chapters 9J-2, 9J-3, 9J-28, and 28-24, Florida Administrative Code; and other pertinent rules which are adopted during the contract period.

Notify the Department about any objections to NOPCs or any objection to a Development order resulting from a NOPC within 35 days of receipt.

SUMMARY OF CFRPC DRI ACTIVITY

DESOTO COUNTY

The Lakes at DeSoto (Pre-Application):Also known as Carlton Ranch, this DRI is a proposed 6,000 acre, 17,000 dwelling unit project that had a pre-application meeting in 2005. It is located in southern DeSoto County on SR 31. The applicant proposes to proceed with the DRI and agrees to schedule an additional pre-application meeting.

The Village at Valencia Lakes (ADA):Valencia Lakes is a proposed 4,000 acre, mixed use development to be located approximately 10 miles east of Arcadia on SR 70. Over 12,000 homes for approximately 25,000 persons are proposed to be developed within twenty years. The Application for Development Approval was submitted in October 2007. The applicant submitted responses to the second sufficiency review comments in November 2008. The third sufficiency review was completed in December 2008. The applicant is currently working to address the third sufficiency review.

HARDEE COUNTY

Hardee Phosphate Complex DRI (Notice of Proposed Change): This is a request for three changes to the currently approved DRI. The changes are: 1) a conversion from the sand/clay mix backfilling technique to separate sand and clay areas and techniques; 2) a reclassification of one area currently designated "not disturbed by mining operation" to "disturbed by mining and reclaimed", together with corresponding and offsetting reclassification of one area currently designated "disturbed by mining and reclaimed" to "not disturbed by mining operation"; and 3) the addition of an aquifer recharge and recovery project as approved post-reclamation land use within the DRI. The NOPC was filed in January 2009. The Central Florida Regional Planning Council forwarded the NOPC to Hardee County on June 10, 2009, with recommended conditions of approval.

Mosaic Fort Green Southern Reserves Mine (Notice of Proposed Change): Mosaic is requesting to re-designate the location of the processing plant that will be used to mine the remaining reserves at the Fort Green Southern Reserves Mine. The proposed NOPC would revise the beneficiation plants at which ore may be transported to for processing to include the Four Corners beneficiation plant (to the North), the Wingate Creek beneficiation plant (to the Southwest) and/or the new Ona beneficiation plant (to the Southeast) that is yet to be constructed. The requested change will allow the Four Corners beneficiation plant (including the Fort Green Southern washer) to receive ore reclaimed from northern portions of the tract and the Wingate Creek and Ona beneficiation plants to receive ore reclaimed from the central and southern portions of the tract while mining in adjacent Ona Mine areas. This NOPC was filed with the CFRPC in January 2009 and the CFRPC has issued its review to Hardee County. The Hardee County Board of County Commissioners approved the NOPC in July 2009.

Payne Creek (ADA): The Payne Creek DRI is proposed for a 1,172 acre site in north Hardee County, on the Polk County line, west of Bowling Green. The project proposes development of 1,798 dwelling units, a 725 space recreational vehicle park and 170,000 square feet of nonresidential development. The project is to be developed in two phases between 2009 and 2018. A pre-application meeting was held on October 31, 2007. The Application for Development Approval (ADA) was submitted on October 29, 2008. The first sufficiency agency review comments were issued in December 2008. The CFRPC met with the applicant’s consultant in January 2009 to discuss the agency concerns related to stormwater. The applicant has indicated they will submit responses to the first sufficiency review in the Spring of 2009. No sufficiency responses have been received.

HIGHLANDS COUNTY

Lake Placid Groves (Application for Development Approval): Lake Placid Groves is a proposed mixed-use Development of Regional Impact in south central Highlands County. The property is approximately 2,144 acres in size and is located along US 27 and CR 17. The applicant proposes to develop 3,453 dwelling units and more than 2,200,000 square feet of nonresidential development. A pre-application meeting was held on February 8, 2008. An Application for Development Approval (ADA) was filed on February 9, 2009. The first sufficiency review of the ADA as issued in early March 2009.

Westby Ranch (Pre-Application): Westby Ranch is a 16,000 acre ranch in Highlands County west of Lake Placid on SR 70. The applicant is proposing a Master Plan Incremental DRI with an initial development increment of 1,600 acres. A pre-application meeting was conducted on January 23, 2008. An Application for Development Approval has not been filed.

OKEECHOBEE COUNTY

The Grove (ADA) (Withdrawn): The Grove was proposed to be a self-sustainable, active adult designated retirement new town set in the northeast corner of Okeechobee County on approximately nine square miles (5,683 + acres) and will contain 14,000 dwelling units. The third sufficiency review comments were provided to the applicant in early 2008. The applicant has withdrawn the application for this DRI.

POLK COUNTY

Clear Springs Sector Plan: The Clear Springs Land Company proposes to utilize the Optional Sector Plan process, pursuant to Section 163.3245, F. S., for the development of their 17,000 plus acre site in the City of Bartow. The conceptual long-term buildout overlay includes the entire site, from the vicinity of the Bartow Airport, extending south, on the east side of the Peace River, and then west below the southern limits of Bartow to the west of CR 555. The applicant estimates buildout population to be 21,201 persons. The buildout date is 2030. The Conceptual Plan Overlay (CPO) has been submitted to the State and the applicant and the City of Bartow have responded to the Florida Department of Community Affairs’ Objections, Recommendations, and Comments Report. The CPO comprehensive plan amendment was adopted in September 2008. The Detailed Selected Area Plan (DSAP) was transmitted DCA in December 2008, and the applicant and the City of Bartow have responded to the Florida Department of Community Affairs’ Objections, Recommendations, and Comments Report. Comprehensive plan amendments relating to the (DSAP) were adopted by the CITY of Bartow on April 6, 2009 and transmitted to the Florida Department of Community Affairs on April 16, 2009.

Old Florida Plantation (NOPC): This is a request for an extension to the buildout date of Phases I, II, and III due to delays in the Lake Hancock restoration. The NOPC was approved by the City of Bartow in March 2009.

Polk Commerce Center: The Polk Commerce Center is an Area-wide DRI located north of Auburndale along the Polk Parkway. The project was originally approved in part in 2000. A small development increment was initially approved and the majority of the project only received conceptual approval due to insufficient transportation and environmental analysis. The applicant is the Polk County Board of County Commissioners sitting as the Polk Commerce Center Community Redevelopment Agency. The CFRPC is working with Polk County on a substantial deviation to the Polk Commerce Center DRI to revise the development program and provide additional needed land use, transportation and environmental surveys and analysis. Approval of the USF Campus for this site has opened up new opportunities for mixed use areas that support and are supported by the USF students, faculty, and significant employment connected with the campus. The ADA – Substantial Deviation was filed in January 2009. The applicant submitted the first response to sufficiency comments on June 29, 2009.

The Resort (Pre-Application): An initial meeting has been held with representatives of a project on the west side of US 27 on the Osceola County line in north east Polk County. The project is to be a second home development and conference center. A pre-application meeting has been discussed, but no date set.

Mosaic South Fort Meade Mine – Polk County (Notice of Proposed Change): Mosaic is requesting the addition of three parcels totaling 237.5 acres to the South Fort Meade Mine; and to revise the Development Order conditions to reflect the current applicant (due to a merger between Cargill Crop Nutrition and IMC Global, Inc.). This NOPC was filed with the CFRPC on February 19, 2009. The CFRPC reviewed the NOPC and issued a report to Polk County in March 2009. Polk County is currently processing the NOPC.

2. Ensure that copies of all reports and correspondence regarding the DRI and FQD reviews are sent to the Chief, Bureau of Local Planning, DCA.

3. Promote the submittal of and review, all annual reports required pursuant to Sections 380.06(18) and 380.061, Florida Statutes.

Accomplishments: Annual reports have been received and reviewed in a timely manner. For any suspected violation of Sections 380.06 and 380.061, Florida Statutes, or upon written request of DCA, submit monitoring reports.

Accomplishments: CFRPC staff and consultants continue to monitor the IMC New Wales Chemical Plant DRI for remediation of a collapse below the Phase One extension of the phosphogypsum stack, consequently avoiding a development order violation.

4. Council's report and recommendation ("Assessment") to the local government on an Application for Development Approval (ADA), pursuant to Section 380.06 or an Application for Development Designation (ADD) pursuant to 380.061, shall comply with and implement the provisions of Chapter 380, RPC rules pursuant to Chapter 380, 186 and 120, prior agency practice and applicable case law. To this end:

5. Carry out all application procedures related to the review of petitions for local government certification and the review of development orders issued by certified local governments as required by Chapter 380 and related rules.

6. In accordance with DCA microfiching guidelines, send any DRIs and related files initiated after the effective date of this agreement to DCA to be converted to microfiche.

Accomplishments: Microfiching documentation will be provided as required.

Note: Sections in italics are directive or procedural in nature and therefore do not require a description of accomplishments.

PART III

STRATEGIC REGIONAL POLICY PLANNING

1. The Region shall be responsible for performing activities related to the implementation of Chapter 93-206, Laws of Florida, and related rules and memoranda of agreement of the Governor's Office of Planning and Budgeting and the DCA. These implementation activities shall include: preparing, submitting, adopting, maintaining, and amending the SRPP.

Accomplishments: The SRPP was adopted on April 28, 1997. There have been no amendments to the Plan since it has been adopted.

2. Consider Greenways and Trails as a way to meet goals for protection of Natural Resources and Economic Development in the next SRPP amendment cycle.

Accomplishments: Greenways and Trails will be considered as one method of meeting goals for protection of Natural Resources and Economic Development in the next SRPP amendment cycle.

3. Assist DCA, EOG and other agencies and individuals to further understanding and use of the SRPP.

Accomplishments: Council staff continues to use the SRPP in review the comprehensive plan amendments of local jurisdictions as well as for review of DRIs, etc.

Note: Sections in italics are directive or procedural in nature and therefore do not require a description of accomplishments.

LOCAL COMPREHENSIVE PLANNING

AND TECHNICAL ASSISTANCE

PART IV

GENERAL ACTIVITIES

1. Assess the consistency of Evaluation and Appraisal Reports (EARs) with the SRPP.

Accomplishments: CFRPC staff is assisting 19 cities in managing growth effectively and to assist in meeting the requirements of Chapter 163, Florida Statutes, for preparation of an Evaluation and Appraisal Report including effective public involvement.

2. All reports and correspondence related to this activity shall be sent to DCA's Bureau of Local Planning in Tallahassee.

3. When the Region receives a proposed plan amendment, the Region shall review the amendment and advise DCA in writing, within 30 days of transmittal, if the Region's official position is to request the Department review the plan amendment.

4. When the Region undertakes review of the proposed plan amendment, the Region shall review for consistency with the applicable regional policy plan, as defined by s. 186.507, F.S. ORC Reports are to be submitted to DCA as the products due under this item. The Region shall also conduct a review for issues that by their very nature should be the most regionally unique. This includes a review of, at a minimum:

a) The adequacy of Intergovernmental Coordination Elements;

b) Compatibility among local plans;

c) Impacts to significant regional resources and facilities;

d) Adequate treatment of affordable housing issues and designation of adequate sites for affordable housing;

e) Protection of natural resources of regional significance;

f) Effectiveness and enhancement of economic development within the region;

g) Compatibility with regional transportation corridors;

8. Adequacy and compatibility with emergency preparedness plans.

Accomplishments: At various times of the year, the Council, as a State reviewing agency, receives its copy of proposed large scale comprehensive plan amendments. The Council will correspond to DCA, particularly if deemed important or necessary to request DCA’s continued review. Within the region are five counties and 25 municipal governments. As proposed amendments come in, the Council reviews for any substantial or potential inconsistency with the regional policy plan, and will address such in correspondence to DCA. In the fourth quarter of FY 2008-09, 5 amendments were received and reviewed; and no inconsistencies found or communicated to DCA.

A5. The Region shall list by name and amendment number in the Quarterly Performance Report, each local government comprehensive plan amendment reviewed for the quarter.

Accomplishments:

• Small Scale Amendments: Thirteen (13) small scale amendments were received this quarter for review. No review comments necessary.

• Large Scale Amendments: The following is a breakdown of status this quarter:

• Five (5) transmittal packages were received; two review comment letters were written to DCA.

• A total of six (6) ORC Reports were issued and reviewed.

• As of the end of the quarter, a total of seven (7) adopted large scale map amendments, two (2) Water Supply Plan amendments, one (1) 1 Public Schools Facilities Element, and one (1) Capital Improvements update have been received.

• As of the end of the quarter, a total of nine (9) adopted Evaluation and Appraisal Reports have been received.

• A total of six (6) Notices of Intent to find an amendment package In Compliance were issued and logged this quarter.

COMP PLAN AMENDMENT LOG

For the 4th Quarter 2008-09

Amendments submitted under contract with CFRPC are in Bold

6. The Region will provide technical assistance as needed to assist local governments to be consistent with the State Comprehensive Plan and the Region's applicable Regional Policy Plan and to comply with the provisions of Chapter 163, Part II, Florida Statutes, and Rule Chapter 9J-5, Florida Administrative Code.

Accomplishments:

• The Council worked with thirteen local governments to help direct text amendments and other comprehensive plan changes to be consistent with State and SRPP.

7. The Region is encouraged to work directly with the DCA and local governments to resolve concerns expressed in the Region's review and to assist local governments in responding to the DCA's Objections, Recommendations, and Comments Report.

Accomplishments:

• The Council assisted the Town of Zolfo Springs and the City of Wauchula to respond to DCA ORC reports in reference to Water Supply Plan proposals.

8. The Region shall be given the opportunity to participate in compliance negotiations held between the Department and any local government in the Region whose local comprehensive plan amendment has been found not in compliance with Chapter 163, Part II, Florida Statutes, partly due to inconsistency with the applicable Regional Policy Plan.

Accomplishments: No amendment was found not in compliance due to inconsistency with the Regional Policy Plan.

Note: Sections in italics are directive or procedural in nature and therefore do not require a description of accomplishments.