June 2000

By James Lawlor

Florida: Competing approaches. As the legislative session neared its early May closing date, two different approaches to growth management reform were much in evidence. The senate passed a bill, S. 758, creating a "Grow Smarter Florida Study Commission" charged with reviewing the state's growth management system and reporting back to the legislature by next Feb. 1.

The commission would have 25 members—10 appointed by the governor, seven by the senate president, and seven by the speaker of the house. The secretary of the Department of Community Affairs would also be a member. Appointments are to include representatives of the business and environmental communities, local and regional government representatives, and planners.

The house took a more hands-on approach with H. B. 2335, an omnibus law that reflects the specific concerns of a number of legislators. It also provides for a study commission.

However, the bill contains provisions that the planning community finds undesirable, chapter executive director Marcia Elder reports. The proposal would remove airports and petroleum facilities from the development of regional impact process and ease certain forms of development in rural areas. The chapter continues to support the senate approach rather than the piecemeal tinkering represented by the house bill, Elder says.

New York Metro: Comments on zoning reform. The update of New York City’s zoning resolution is now well under way. The city planning commission held its first public hearing on the draft reform proposal on April 25, to generally favorable reviews.

In a letter to the commission, APA Metro Chapter chair Mitchell Silver, AICP, and legislative chair Carol Rosenthal commended the proposed "unified bulk program" as a major step forward because it emphasized preservation of city neighborhoods and would result in greater clarity and simplicity in zoning. But the letter also called for a longer public review period, questioned whether the proposed height and setback requirements are too inflexible for community facilities, and asked for a reconsideration of the idea of allowing bonuses for plazas for commercial and public buildings—although not for residential buildings.

The chapter's letter also commented on the proposed special permit rewarding superior design. More specifics were needed, the letter noted, to make clear what properties of a design would render it superior.

Finally, the chapter pointed out that there were other matters needing the planning commission's attention. They include a comprehensive revision of community facility regulations, an update of use regulations, and—most important—a new zoning map.

Connecticut: Fair housing on front burner. In early May, shortly before the close of the session, the Connecticut legislature seemed close to passing H.B. 5107, which would implement recommendations of a blue ribbon commission on affordable housing. The measure passed the house April 29 and was on the senate calendar, legislative committee cochair Jose Giner reported.

The new legislation, which the chapter supports, establishes a point system for determining when a municipality has reached its regional affordable housing goal. The community is then exempt from the affordable housing appeals process for three years. Communities that have not reached their fair housing goal must prove that any affordable housing denial is based on the public interest.

Another bill the chapter decided to support after a lively discussion would modify the procedure for adopting conservation and development plans. Present law authorizes adoption by town planning commissions. Under H.B. 5168, which passed the house in mid-April, the plans would have to be ratified by the town legislative body.

Finally, Giner reports, legislation to establish a state smart growth policy appears to be dead for this session, but the bill’s sponsor says he will try again next year.

New Mexico: Religious freedom act passes. The religious freedom restoration act (H.B. 20) mentioned in this column last month passed the legislature's special session unanimously, and was signed by Gov. Gary Johnson April 12. In a message to chapter legislative committee members, vice-president Lora Lucero remarked that in an election year, the political pressure to be on the "right side" on this issue proved impossible to resist.