Democracy in action or disaster waiting to happen?
When the public goes to the polls next year, we will be voting on a proposed Florida Constitutional Amendment known as the “Hometown Democracy” amendment.
This amendment, if passed, would drastically alter Florida’s long-term development process. Not surprisingly, interest groups on both sides of the issue are gearing up for a major battle.
Millions will be spent by both sides in an effort to persuade Florida’s voters. Indeed, the initial skirmishes have already been fought. The issue has already been raised by the Okaloosa Board of County Commissioners and the board of directors of the Crestview Area Chamber of Commerce (disclosure: the latter of which I am a member.) Both boards may consider resolutions against the amendment.
The potential impact of the amendment is so profound that voters would do well to carefully consider the facts, not just the rhetoric, before making a decision
Currently, there are two maps that govern the types and intensities of use of private property within the state. The traditional map is the zoning map. Most folks are familiar with the notion of zoning. Generally speaking, zoning classifications are designed to separate commercial, residential and industrial uses into distinct districts and thereby limit the conflicts inherent in having homes in close proximity to airports, strip clubs and other more “intense” uses.
Zoning maps were developed and implemented by cities and counties between the 1970’s and early 1990’s by developing maps that categorized properties based on existing uses. The results were reactive maps that do not account well for future growth. Anyone wanting to develop a parcel of land into a use in conflict with the existing zoning must petition the local government for a zoning amendment. The reactive nature of this process does little to further the primary goal of planning for managed growth.
Accordingly, Florida implemented a requirement that every local government develop a Comprehensive Plan including a Future Land Use Map (FLUM). Each local government was tasked with looking at its existing zoning, forecasting future growth patterns and developing a FLUM that anticipates and guides the future types and intensities of land use.
Now developers must ensure that the proposed use of a property is consistent with both the FLUM and zoning designations of the property. If a developer wishes to develop a property in a way that would violate the FLUM, the FLUM must be amended through a process similar to the public hearing process for zoning amendments.
However, FLUM amendments also require the approval of the Department of Community Affairs in Tallahassee, a watch-dog agency created to ensure FLUM amendments are consistent with the local government’s overall Comprehensive Plan.
The Hometown Democracy Amendment would require that any change to a local government’s FLUM be put to the voters in that city or county by referendum. Proponents claim that requiring a referendum for FLUM changes will put the control over the growth of a community where it should be – in the hands of the citizens.
Opponents on the other hand, believe that the amendment will trample property rights and stymie future growth.
I am not willing to say where I stand on the issue… yet. I will withhold judgment until I have had the opportunity to listen to both sides.
Next year, I will follow-up with an update and an opinion. Until then, I would encourage every voter to pay close attention. As mundane as the issue may seem, the potential impact of this amendment on where and how we all live and work in the future is profound.
