growth law problems and promise

The job of controlling sprawl stands to shift significantly to local officials and voters, Florida's top growth watchdog said Friday during a statewide workshop for planners and development experts.

A state law enacted this month does away with some requirements in urban areas for developers to improve roads when their projects would boost the number of cars. And earlier this week, the controversial Florida Hometown Democracy constitutional amendment was certified for a 2010 statewide ballot; if passed, voters could have potent say over growth.

For now, local governments are scrambling to understand the consequences of the new law and ballot item. The state Department of Community Affairs workshop in Orlando drew 450 planners, consultants and experts -- the largest such gathering in years.

DCA Secretary Tom Pelham said the new state law on road requirements gives authorities the chance to improve their local roadways beyond what they might have achieved under state rules.

"Local governments have complained for years that that we put them in a straight jacket, that state regs are one-size-fits-all that may work in Miami [for example] but not in Orlando, and may work in Jacksonville but not in Tampa," Pelham said.

"Local governments can take advantage of the new freedom. They can do something that works better," he said.

Smart-growth proponents fought the law, which had the legislative designation of SB 360, fearing it will stimulate sprawl in rural areas. The president of 1000 Friends of Florida said Floridians have not yet settled a fundamental issue:

"The premise for 360 is that we need to stimulate the economy and get more growth and development," said Charles Pattison, whose group is worried about thousands of existing homes that are vacant and thousands of outstanding permits to build more homes. "Do we really need more growth and development?"

Meanwhile, Hometown Democracy backers see their ballot issue as the ultimate antidote to uncontrolled growth.

Pelham said developers are so shaken by the proposed constitutional amendment that they are pushing cities and counties to quickly amend their growth blueprints to make room for more subdivisions and shopping centers.

Local planners at the workshop have many concerns about the new law and the ballot item.

Bill Wharton, principal planner in Altamonte Springs, said many of his city's growth amendments are little more than an annexation involving the owner of a small parcel seeking utility hookups.

"There's got to be some limit so that you don't drag an individual or small company through a voter referendum," Wharton said.

Robin Sobrino, director of Brevard County planning and zoning, said she's perplexed by what her government will have to do if the many cities in Brevard allow developers to overwhelm county roads.

"SB 360 doesn't tell you what to," Sobrino said.

Kevin Spear can be reached at kspear@orlandosentinel.com or 407-420-5062.