HomeMy WebLinkAboutFebruary 1, 2005CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Our Website at: wwi~.ci, columbia-heights, mn. us
MEMBERS:
Marlaine Szurek, Chair
Donna Schmitt
Phillip Baker
Rob Fiorendino
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, FEBRUARY 1, 2005
CITY HALL COUNCIL CHAMBERS
590 40xH AVENUE NE
1. Roll Call
2. Minutes from the Planning and Zoning Commission Meeting of
January 4, 2005
3. Public Hearings: NONE
4. New Business:
o Planning Commission Training
5. Miscellaneous: NONE
6. Adjourn
G'\Commtmitv DevelovmentLPlarminv~& Zonin~XA~endasX2005~Febmary 2005 Agenda.doc
T~:~E~ ~ITV OF COL~UMBIA HERGHTS UOES NOT~f-)ISCRIMINA'rE O~1 THE BASIS OF DISABILrTY IN EMPL~OYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING & ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
JANUARY 4, 2004
7:00 PM
The meeting was called to order at 7:00 pm.
Roll Call:
Present: Baker, Schmitt, Szurek, & Peterson
Absent: Fiorendino :.
Also present were Pat Smith (City Planner) and Bobby Williams (Council Liaison). Planner
Smith was named Secretary Pro-Tem for the meeting.
Motion by Baker, second by Szurek, to approve the minutes from December 7, 2004 as written.
All Ayes. MOTION PASSED.
PUBLIC HEARINGS
None
NEW BUSINESS
Duplexes in the R-2 Zoning Ordinance
Pat Smith gave a presentation on duplexes in the city. The City Council and Planning
Commission have expressed concerns regarding the following items:
1. Duplexes located in predominately single-family neighborhoods.
2. The scale or size of duplexes being constructed compared to the character of the
surrounding neighborhood.
3. The design of the new duplexes being constructed.
4. The number of duplexes being rented.
5. Utility fees being charged to duplexes.
The Planning Commission will look at the first three concerns while the Fire Department and
Finance Department will address the last two concerns at a later date.
Based on rental licenses, Columbia Heights has 354 duplexes. Of these 59% (209) are located on
non-conforming lots, and 18% (63) have been converted ~om a single-family home into a
duplex.
In addition, staff surveyed 12 similarly developed cities. Columbia Heights has the highest
percentage of dwelling units that are duplexes, 6.7%. The average percentage of duplex units is
2.3%. Columbia Heights has the second smallest minimum lot size for duplexes at 8,400 square
feet. The average required lot size for a duplex in a R-2 zoning district is 12,130 square feet.
Staff recommends rezoning duplexes that were originally constructed as such to R-2B and the
rest orR-2 as R-2A. Duplexes should, be permitted in both R-2B and R-2A as conditional uses.
Minimum lot size for Duplexes in R-2A should be 12,000 square feet. Minimum lot size for R-
2B duplexes should be 5,100 square feet for lots existing on January 1, 2005, or 12,000 square
feet for lots established after January 1, 2005.
PLANNING & ZONING
PAGE 2
JANUARY 4, 2005
Staff also recommends adding additional conditions for duplexes:
1. Street-facing garage doors must be recessed behind either the front facade of the living
area portion of the dwelling or a Covered porch (measuring at least six feet by eight feet)
by at least five feet.
2. If located on a comer lot, each unit of the duplex shall have its address and entrance
oriented to a separate street frontage.
3. Vehicle access to a lot must be from an alley if the lot abuts an alley.
4. The length of the garage wall facing the street may be up to 50% of the length of the
street-facing building facade.
Commission member Schmitt questioned if these provisions applied to duplexes only, or does it
include twin-homes.
Smith answered that the new ordinance would apply to both duplexes and twin homes.
Schmitt felt an attempt should be made to get homes that fit into the neighborhood.
Peterson likes the idea that duplexes are conditional uses. And he agreed that Developers are not
designing duplexes that fit the neighborhood.
Schmitt stated she likes the idea that duplexes are conditional uses because the more people that
look at the plans, the more likely someone will catch something.
Baker questioned why we would allow originally constructed duplexes to be conforming?
Smith responded that staff thought that.' people who buy an originally constructed duplex should
be able to get their investment back. Plus, it's easier to convert a single-family home that's been
converted into a duplex back to a single-family home. It's more difficult for an originally-
constructed duplex.
Szurek thought the proposed ordinance is a good idea. She expressed her fi-ustration with the
amount of single-family residences that are being rented. She asked if there was any way of
reducing rental property?
Smith informed the commission that State law allows people to rent their homes.
Peterson thought the best way to reduce the number of rentals is to encourage and force
homeowners to maintain and improve their property so that the property values increase.
PLAN~,, ~lN G & ZONING COMMISSION MINUTES
PAGE 3
JANUARY 4, 2005
2005 Training Schedule
Szurek asked if the schedule was set in stone or is flexible.
Smith responded that the schedule is supposed to be flexible. We will try to have the training
after each regular Planning Commission meeting up until 9:30. Anything that we don't get to
will be discussed at the following meeting.
MISCELLANEOUS ITEMS
Peterson informed the members that the City Council is helping to build the Neighborhood
Watch Program and the Civilian Emergency Response Team. People should call the Fire or
Police Chiefs if they are interested.
Schrnitt told the others that there is a subdivision in Stillwater that prohibits the third stall of a
three-car garage to face the street. There was some discussion regarding this.
Motion by Baker, seconded by Szurek to nominate Szurek as the chair and Schmitt the vice-.chair
for 2005. There were no other nominations. AH ayes. MOTION PASSED.
Smith reminded the members the vice-chair is not an official position until the ordinance is
amended to allow the position, but will serve as the back up for nmning the meeting.
The meeting was adjourned.
Respectfully submitted,
Pat Smith
Acting Secretary
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Our Website at: www. ci. columbia-heights.mn.us
Mayor:
Gary Peterson
Councilmembers:
Bobby Williams
Tammera Ericson
Bruce Kelzenberg
Bruce Nawrocki
City Manager:
Walter R. Fehst
COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT
TO:
FROM:
DATE:
RE:
Planning Commission
Patrick Smith, Senior Planner
February 1, 2005
Planning Commission's Roles and Responsibilities
Comprehensive Plan and Zoning Ordinance
This is the fn'st of five planned training sessions for the Planning Commission. Because we
did not receive any planning applications for this month, we will cover:
The Roles and Responsibilities of the Planning Commission
The purpose of the Comprehensive Plan and Zoning Ordinance
Making a Comprehensive Plan
Planning Commission Ethics
I have enclosed a section of the Planning Made Easy notebook that has been ordered for all
of the Commissioners. Please read the sections and we will discuss them in more length at
the meeting. Below are some of my notes on the first two topics this month.
Roles and Responsibilities of the Planning Commission
As a quasi-independent body, Columbia Heights' Planning Commission is the citizen
advisory ann on land use to the City Council. On land development matters, the Planning
Commission serves as an important reviewing body of the City. The main goal of the
Planning Commission is to make the Comprehensive Plan work - to move the plan from
vision to reality.
Another major responsibility of the Planning Commission is to ensure the Comprehensive
Plan remains up to date. As Columbia Heights evolves, so too will the goals and objectives
of its residents. State law requires the Comprehensive Plan to be amended every 10 years.
Columbia Heights last amended its Comprehensive Plan in June 2001.
G.'~Community DevelopmentlPlanning & Zoningl2005 P & Z1Training #1- Roles and Comp plan. doc
THE CITY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORtUNiTY EMPLOYER
Furthermore, Council members are elected officials and must represent their constituents.
Planning Commissions, on the other hand, should represent the interest of the entire
community (existing and future) because they have no constituents. In addition, the City
Council takes into account a variety of influences (e.g. taxes, budgets, schools, police, etc.)
in their decision-making process, while the Planning Commission relies more on established
policies. Consequently, the coUncil's decision may be "political," whereas the Planning
Commission's decision should be objective and based on Columbia Heights' Comprehensive
Plan and the Zoning and Subdivision Ordinance.
In general, a planning commission's deliberations are both comprehensive and long-range. A
planning commission gives patient and fair consideration to all circumstances affecting the
public. Its decisions focus upon the well being of succeeding generations while giving due
regard to the more immediate, everyday life of the community.
Where different interests and groups within an urban community disagree over development
alternatives, the Planning Commission can provide a neutral arena for debate. Its
recommendations in such matters must nevertheless be tied to Columbia Heights'
Comprehensive Plan, established public policy, and the public interest.
Finally, the Planning Commission serves as a vehicle for public input into the physical and
social development of the City.
The Purpose of the Comprehensive Plan and Zoning Ordinance
Ao
Comprehensive Plan - The primary planning document for the community that
establishes the strategies and policies for land use and services in the community.
Typically, the Comprehensive Plan consists of separate sections that deal with land use,
· transportation, public facilities, housing, environment, etc. This is the plan on which all
planning related regulatory ordinances are based. Such regulatory ordinances include the
Zoning Ordinance, Subdivision Ordinance and the Official Map.
Zoning Ordinance - The Zoning Ordinance (consisting of a text and a map) regulates
the use of the land. The text contains the regulations, and the map shows the location of
the land use zones or districts within the boundaries of the community. If the
Comprehensive Plan is the road map to get fi:om A to B, then the Zoning Ordinance is
the vehicle to get fi:om A to B.
Co
De
Subdivision Ordinance - The regulations for the division of land and provision of
public improvements (storm sewer, water, electricity, etc.) are established in the
subdivision ordinance. This ordinance establishes minimum standards for lot and street
design, drainage, park dedication, required improvements and other similar items.
Official Map - The official map is a legal document, which identifies rights-of-way for
future streets and other public facilities, which may be based on actual surveys. Lands
being subdivided and developed must recognize and respect the rights-of-ways
established on the Official Map.
12 Planning Made Easy
MODULE 3: THE WORK OF THE PLANNING COMMISSION
My,first thought, when I was appointed to this job,
was what the hell do I know about planning?
~KERRY KIRSCHNER, SARA.SOT,X, FLORIDA
What It Does
The chair called the planning commission meeting to order at 7:00 p.m. The first item on the
agenda was a petition by a well-respected local cobbler who wanted a zoning change that would
allow him to expand his shoe repair business. The planning commission denied it at 7:30 p.m.
The second item on the agenda was a planned unit development on a 195-acre parcel that
featured 222 single-family lots, 58 lots for duplexes, a commercial center, and space for
apartments. The presentation and ensuing discussion lasted until 9:45 p.m. when the
commission moved to table further discussion until the next meeting.
The third item on the agenda was the review of a growth management plan for a rapidly
developing area of the village. The discussion ended at 10:30 p.m. The final matter involved
a proposal for a car wash. The applicant had selected two sites and had made application for
both. The first application was denied at 11:15 p.m. The second, approved at 11:45 p.m.
In four hours and forty-five minutes, the planning commission dealt with a minor zoning
change, the first step in a planned unit development,, an amendment to the comprehensive
plan, and another zoning change. In the process, they listened to and questioned the following
people: four applicants, three lawyers, two site planners, two developers, 25 witnesses, and
three staff members. They had reviewed various exhibits, site plans, and reports that, when
stacked on the table, would stand five inches or more. The dollar value of the petitions ranged
from roughly $25,000 to $50.million. The impact on the village as a whole would run from
minor (shoe repair) to profounduthe growth management plan and the planned unit
development. Welcome to the world of the planning commission.
Introduction to Planning 13
This story illustrates just a few aspects of the complex job of a planning commission. In
the course of doing its work, a planning commission will make decisions involving friends
and neighbors (always the toughest), and it will deal with large proposals by equally large
corporations. It will hear from a range of experts--traffic experts, soils scientists, biologists,
appraisers, planners, and more and it will hear the opinions of dozens and dozens of
citizens. There will be two, three, four, or five sides to nearly every question, and some
meetings will be highly charged. There will be moments of humor and sadness, occasional
boredom, and considerable intensity. A proposed home occupation may generate heated
discussion, while a shopping mall may be approved without a serious question being asked.
The Commission's Goal
In the midst of all of this, the commission is expected to focus on the goal. The goal is simple
to understand yet difficult to accomplish. Y_o_ur goal is to make the cQm. p_~~an
work--to move the plan from vision to reality. To do this, the planning commission must
examine each issue and every application and ask the question, "D~og....s this proposal further
the goals and objectives of the comprehensive plan?" If so, the proposal conforms to the u~ic
interest as expressed in the plan and should norma~l, y be~.¥.~. If not, the proposal runs
contrary tq_tl3.~_e, public interest as expressed.~.~ p!..an..~and should normallE~ed.
~ of this seems straightforward enough, but in practice things are much more complex.
The comprehensive plan, for example, while offering guidance and showing direction, will not
often provide automatic answers. The goals and o_b~ectives of the comprehensive l~p~_lan..are
~n makers and so is a land-use p_lan. Of the many and varied proposals that
come before the planning commission, a few will run absolutely contrary to the comprehensive
plan, another few will obviously match the goals and objectives of the plan, but the majority will
fall somewhere in between, and it may not be clear if the proposal conforms or not.
F~or those that are not clearly consistent or inconsistent with the co_m~ p. rehensive plan, the
in favor of th_e_,par?_~l~-y_ wi_~._~.~e_._m.~ .o.s.t_..cg_m. E~g eyi..d, ep~e: Note that how the evidence relates
to the comlvrehensive_plan'_s ~E~n~. ~ ~. ex.tr. ~ly.imp.o. rt.a~.~t._ if the weight of the evidence
is with the applicant, the proposal ought to be approved. If not, the proposal should be
rejected. Remember that if your commission doesn't go through this rigorous process, an
applicant's attorney may be wondering if the due process fights of the applicant have been
violated~that Fourteenth Amendment assuring fairness again!
In addition to ensuring..th.a~t..~e d_ecision~__of th~ p! _ann~in_' .g..c_o_~$sion conform to the
comprehensive pl_~ _a~.,. id is also_~e dgty of planning ~o~_ssio__~n~_m_. ember, s_t_0 ensure that the
pi.an is k_ept~EP t0._d?.~e. As technology changes, for example, what is practical or possible in
the plan will also change. Further, as a community evolves, so too will the goals and objectives
of its citizenry. New ideas will be introduced. Existing land uses will change. It may become
evident that aspects of the plan are no longer relevant. For all of these reasons and more, a key
task of the planning commission is to make certain that the plan is current and, if not, that the
plan be updated and amended.
Evaluating and amending the plan should be a regular part of the planning commission's
annual agenda. ~t least once per year, the commission should schedule time to review the
existing plan and then develop any changes as required. This will ensure that the plan remains
an accurate reflection of community values and will also serve to reinforce the importance of
the plan to the members of the planning commission itself.
Introduction to Planning 15
comprehensive plan, the planning commission should review the entire ordinance once a year.
This review should include an exam of the zoning process itself from the time an applicant walks
in the door to the time a zoning permit is issued. It should also include a review of zoning
standards, a review of the zoning districts and. the land uses that are or may be allowed in them,
and, of course, a review of the relationship between the plan and the zoning ordinance.
Subdivision Regulation
Depending upon the age and development pattern of the community, the regulation of
subdivisions may or may not represent a major fraction of the work of the planning commission.
But in high-growth areas, subdivision review is likely to represent a major part of the work load.
A subdivision generally 'revolves the divis, ion of a, ~_h3_gi_e- p~rcel of land ~ two or more
parce.l.s.S, uch a. division may or may not involve a formal sub~livi-~i~n~review by ~1~ pl~an~g
comrmss~on since some divisions of land, such as those for farming, do not involve new
development. But when land is subdivided for the e_xp__r.e_,s_s~ose of build~g._some new
development o~ for the pu.rpos~e of se.,___~g~l, ots for new develop, mentz_~en a formal subdivisidn
As with the zoning ordinanc_e,, de_c. isions on prop_qsed ~subdi¥!_si _o.~ns..should be made on the
basis~ ~-~-~_~pur~o~e-or--p-U-~ i~erest as ~ei~e~l-~t-t ~ in the corn
................................ p ' p d
$ onaly inthe subd. i~io~gul~~-l~ fo~ a~)~ i~rg~-~'ut~i~,iSi~t~ ~o~i0n ~e~bers
can expect to engage in a considerable amount of discussion with the applicant over many
details of the proposal.
Note, however, that a few subdividers take the position that if a subdivision meets the
particular standards of the subdivision regulations and the overriding standards of the zoning
ordinance, there is no room for changes or improvements to the plan--the standards have been
met, and the next meeting will be in court. In such cases, the planning commission must be
careful to outline its objections based on the public purpose of the subdivision regulations. Since
most subdivision regulations contain standards that are partially judgmental, courts often find
that while a proposal may meet the particular standards of subdivision regulations (i.e. roads,
lot layout), the proposal does not meet the most important standard--the public interest.
The broad guidelines expressed in the public purpose must be joined by the particular
standards that are set forth in the subdivision regulations. Since many of these standards are
fairly technical ones, planning commission members will generally need professional help to
ensure that they are met. This might include, for example, engineers to evaluate the proposal
in terms of standards governing storm water runoff and storm drainage, or standards
governing sewers, utilities, and roads. It should also include a review by a professional
planner skilled in site plan evaluation. Many other experts may be required depending upon
the location and characteristics of the proposed development.
Professional help is important since man¥_9~_~t~..e~d_e_t_a_'fls_~_..0f~ ~_a pr_oEgs~ed subdivision go
b.e . of p1 This may be troublesome for commufii-
ties that do not have adequate staff expertise. But the solution to this problem is straightfor-
ward--re__q__u~ire.~_e__applic~.~0_p.a_y~r~y ?.e_.vi_'Ew of the~pz~ an.___~dd ~ake certain that the
ap_._a. Inn~.e~t comes through the municipality or c0~ ~'~ot directly fro~t~t t-FF~e
consultants. Planners, engineers, biologists, soil scientists, and traffi~"~kPerts mu~'t'~S~k for
and be paid by the community, not the developer. It is crucial that this arrangement be
explicitly authorized in local ordinances (zoning and subdivision regulations) and be legal
under state law as well.
Introduction to Planning 17
The Zoning Ordinance must be kept Attuned to Public Needs
In many ways these two stories tell the tale of life on a zoning board. There is never one
side of a story, and there are seldom only two. Pleasing everyone is almost..alwayo out of the
~uestion. And the best example of that is with special uses.
Special uses are just that---special, not ordinary or routine. Recall that a special use is merely
a use that maynot~b_e__~ermitted "by.~gl3.t.~_wi.th,o.u~t goring_through_ ~. sp~_pr~o~._e.~._~ a
.z_9..~ru~ dg~d~_~t. The decision depends on two things: (1) the precise character and features of J~he
prolz0~e_d__sl~ecial use and (2) the___~..e~j_s_e~ch_~r.~cter and features of the surroundin§_area.
So, if a proposed special use is a good fit with the neighborhood or area in which it is
proposed, the zoning board normally approves. If not, the zoning board normally rejects. But
what is a good fit? How does one know?
There are three main sources of information, or, more properly, sources of decision-
making rules--criteria, if you will--that will lead to a rational and defensible result. They are
all connected in a long chain of planning.
Here are the links in the chain. Thes. tate enabling legislation sets the basic goals for zoning,
the reasons for which zoning is adopted and applied. Know these goals. These goals are then
transferred to your community's comprehensive plan. In the plan the goals are spelled out in
greater detail. Finally, the goals of the comprehensive plan are detailed (or should be) in the
zoning ordinance. So the decision that you make on a special use should be anchored in state
.enabling ~on, should not violate p~li~e.s_.~_your comprehensive plan, and be spelled
out in your zoning ordinance. Use these goals as your guide. You will not only make be~ter
zoning decision, but you will also be putting the plan to work--that's your real job.
Introduction to Planning 19
be identified, as in Rockingham County, Virginia, as a recreational use conducted outside a
building. While softball fields are common features of parks in residential areas, such a large
commercial complex may not be appropriate. The lighting, for example, would spill over to
the residential area. So would the noise and traffic. And, if the fields were close to a residence,
the homeowner could be assured of a steady stream of softballs which, in fact, are not soft at
all. The zoning board would be asked to make the determination--to select the appropriate
zoning district for the softball complex.
So when it comes to clarifying any uncertainty in the zoning ordinance, it is up to the
zoning board to do so, and members must make their decision on the basis of the public
interest as defined in the zoning ordinance.
It should also be noted that a zoning board could conclude that a new use is such an
important policy issue that the planning commission should study the matter and consider
amending the text of the zoning ordinance to explicitly authorize the use.
you have exhausted the buildable space on your lot? No, that's a self-induced hardship.
So the second rule in dealing wi_th_v_a_.ri~a_,3~_c~s i__s__th?~e strict application of the zoning rule
would generate a genuine hards.hi_'p, and th.~g~_nuine hards~p must not be self-induce~-
Variances
A zoning board is often asked to_ovary minor requirements of the zoning ordinance in order
to minimize a gen ~uine hardship that would result i f the ordinance were strictly applied to an
applicant. In reaching its decision, the zoning_b_o~d balances the interests of ~e~~ner
with those of th----'~ c-ommunity ai l~_~_ge'--~ I~ it is a n~or zoning req--~re-~nt--'7 ~tn'-~ if it results-in
a genuine hardship, and if the community suffers no harm, the variance would be granted.
These are three large ifs.
Let's look at them in more detail. What is a minor zoning requirement? That depends on
the specific context of the petition. For example, asking for a variance of 1 foot from the
required 8 feet for side yards (a side yard is the distance from the side of a house to the lot line)
might seem a minor matter, until it is discovered that the house in question is already over the
maximum allowable lot coverage. If, on the other hand, the required side Yard was 15 feet and
the applicant requested a variance to 14 feet, and all other requirements were met, that would
normally represent a minor change.
The typical subjects of variance applications include lot size, lot coverage (space on the
lot occupied by buildings), lot depth and width, side yards, back yards, front yards, building
height, and parking spaces. Zoning boards should not issue variances from the lists of
permitted land uses or special land uses that are identified for the various zoning districts
unless expressly provided for by state enabling legislation.
So the first rule in dealing with varianc_es is.to make certain that the application represents
a minor change to the strict application of the terms of the zoning ox_dinance.
In cases where the strict application of the rule would present a genuine-hardship to the
applicant, the hardship must be as a result of application of zoning rules and not be self-
induced~brought on by the action of the a. ~~.
Is it a genuine hardship if you need a ~ariance for the express purpose of making more
money? No.
Is it a genuine hardship if you need a minor front yard variance because the stream
bordering the back yard has eroded 10 feet of it? Very likely.
Is it a genuine hardship if you need a variation from lot coverage requirements because
CHAPTER
2
COMMUNITY PLANNING
EFR~I~ Gm
EraD LUCCHESI
Planning is not this document.
Planning is dynamic. Planning is a verb.
--DARRYL FULMi~
MODULE 5: TYP~S or PLANS
Comprehensive Plan
Monterey, California, is a city of old and new homes, red-tiled shopping centers, a historic
cannery district, ocean beach, highways, and curving streets. San Jose, California, is a
large sprawl of a city with closely packed new housing developments stretching up to
brown hills and green mountains, with extensive shopping centers, low-income housing
underneath freeways~ and an exciting downtown with upscale hotels, interesting shops,
29
Community Planning 31
The comprehensive plan usually covers a period of 15 to 20 years. It is a..description, through
goals and objectives, of how the community wants to look at the end of that time. The policies
and descriptions in each element of the plan show how the community will get there.
Look at your comprehensive plan. Locate the goals, objectives, and policies
for each section. Are they summarized at the front? Are the goals restated
at the beginning of each section? Formats vary. At this point, determine
whether your community's plan has ali of the elements. What elements are
missing? (Exercise 5-2)
Though the organization and format vary, comprehensive plans generally contain
the following elements:
· Significant features of the physical environment and
natural resources.
· Demographic profile of the community.
· Location and description of existing and proposed
land uses on a land-use map.
Community Planning 33
Equestrian
Community
6olf Course
CommuniBt
Xerox InttrnationaJ
;Center
Riverpoint
Town Center
Urban Center
Center
Lakefront
Office
Center
M~rPlan
The master plan for Xerox's Lanadoume planned community near Dulles lnternatibnal
Airport shovas the major elements of the 20~jear project.
be a particular need for economic development or there is potential for historic preserva-
tion. Perhaps the corridor into the city is unpleasant or there may be a need to locate a new
school or library system. In this case, the city will develop appropriate special area plans,
using the information collected for the comprehensive plan elements, but will require
additional information for a special, in-depth study. These plans detail some of the goals
and provide a means of achieving them in a particular area of concern. These plans,
however, are part of the comprehensive plan.
Examples of special area plans include plans for such areas as the central business
district, a waterfront or riverside in a particular part of the community, an industrial district,
civic and cultural centers, a neighborhood, or a set of neighborhoods with common problems.
While a comprehensive plan may identify significant planning issues and policies
about systems, going into greater depth requires the preparation of system plans.
Examples of system plans include sanitary sewers, storm sewers, mass transit, parks and
recreation, libraries, fire stations, health facilities, and others.
Does your community have a special area or system plan? (You may have
more than one; what are they?) What subjects or areas do they address?
(Exercise 5-4)
Community Planning 35
MODULE 6: T tE MAraNG OF A COMPREHENSIVE PLAN
The Process
Now that you have a general idea of what the comprehensive plan is and what it can do
for your community, you are ready to learn how a plan is developed. The decision to
develop a comprehensive plan usually arises from the local governing body--the city
council or board of trustees, the planning commission, or the planning department. A
comprehensive plan may be developed in response to current problems or a general
concern about the future. Something that may prompt the need'for a plan is the rapid
growth of a formerly stable, small town.
Goals and Objectives
The__c~E~h~h_~ens_i_v..~.E1..an~j~. b~a_s~d_?n an.d~is__s~a~ pe__d__b~ y_ gpa~ls ~._ar~d_ ~bj~..c.tiy es. Many of use
the term "goals and objective," lumping the two words together, without really being
certain of the difference. So what are they? And how do they work in the planning
process? Let's begin with the goals. Go_al_~._provide ~.__eneral directi~_.n?__~d_.s_e_ry_? a_...._s the
descri ~P-~.gf~ a d~s,.!_r_e~d fut. ure' Full participation of the community is most crucial at the
stage when the goals are developed. Typically goals address an unsatisfactory situation,
an unmet need, or an unresolved issue. Generally goals are ongoing; they are fundamen-
tal to the community and "timeless." In short, goals provide the "big picture" of what the
community wants for its future.
While the planning process develops overall goals for the community, often goals are also
developed for specific topical areas. Here are two examples. Goals for economic development
might include: (1) an industrial mix minimally affected by cyclical fluctuations, (2) trade and
services capable of serving all basic needs of residents and businesses in the trade area, and
(3) employment opportunities that match the skills and experience of the area'S labor force.
Similarly, goals for open space might include: (1) adequate open-space to protects environ-
mentally critical areas, (2) preservation of critical views of mountains and significant vistas,
and (3) opportunities for developing greenways and outdoor recreation sites.
What are objectives? Objectives, on the other hand, are achievable, measurable steps
taken to achieve one or ~ore goals. Generally, objectives specify a sin~gle key ~esult and
explain concisely the "what," "when," and "how much" or "how many." When clearly
written, objectives identify who or what group is responsible for achieving the result.
Here's an example. If the goal is to preserve environmentally sensitive areas, then the
objective for implementing that goal might state that the city council will adopt an
ordinance to "prohibit development in environmentally critical areas and minimize
disruption of natural systems." For a second example consider the following. The goal is
to attract high-tech industry into the community, and the objective might state that "the
city council will amend the zoning map to provide industrially zoned areas in small- and
medium-sized park-like settings."
In the plan document, goals and objectives are frequently grouped according to the
various plan elements and may appear, grouped by topic, in the goals segment of the plan.
Sometimes goals and objectives are also listed at the beginning of each element section. For
example, in the 1989 Denver city plan, the goals appear in the fourth chapter "Core Goals."
The objectives are found under the element chapters or sections, such as "Neighborhoods."
Community Planning 37
But hope is in sight. Over the past 10 years, planners and commission members have
developed a wide variety of new techniques to involve citizens in a meaningful plan
development process. Some are even fun. Brunswick, Maine, held a pot luck community
dinner to get things rolling. Some of the more novel approaches include experiments in
electronic town meetings.
In general, these techniques involve citizens earlier in the process. Most participants
agree that the new approaches are also more effective. In the new approaches, planners
and commission members expend greater effort to find out what citizens like or dislike
about their community, as well as what solutions might be used to address the problems.
Why, sometimes even tax dollars have been suggested as a possible means to a solution!
Some techniques you might consider include:
· Mail or telephone surveys
· Technical assistance or funding to community groups
· Cable TV
· Task forces
· Media and public information campaigns
· Telephone hotlines
· Visioning sessions
· Game simulations
· Mediators or facilitators
If you held a public hearing on your community's comprehensive plan at
I p.m. on a Tuesday in city hall, what members of the community might
not participate? Why? (Exercise 6-2)
Describing the Community
To help understand how you set your goals and identify your community's objectives,
you need to understand the current state of the community. Perhaps you are not sure of
the extent to which conditions have changed since your plan was written. You should ask
'yourself as a new commission or board member, "Is this plan current?"
Some of the goals or objectives may no longer be relevant. For example, consider a
municipality with a large percentage of older housing stock. The goal, established in 1979,
is to maintain the quality of the housing stock. Is it still valid? Of course. However, the
objectives for achieving that goal might need to be changed.
Instead of stating, "establish an Office of Code Enforcement'msomething that was
done in 1980--the commission may change the objective to reflect the need for more staff
to fulfill the goal. Or, you may wish to add an objective and policy including the phrase
"to promote neighborhood conservation and revitalization." So, even if goals remain
constant, other segments of the plan, such as the objectives, must be reviewed and
modified to reflect current conditions, status, and needs of the community.
Community Planning 39
resources~describing your lakes, rivers, woodlands, prairies, or oceanfront. Using that
data, you then develop goals for resource protection. In an economically depressed area,
the critical issue may be economic development. In this case, your data gathering would
focus on economic information and your goals on economic issues. As a planning
commissioner you will find conflicts among issues, and time will be spent determining
which ones take precedence.
Often, data will be gathered at the same time that the goals and objectives are being
developed. As you gather data about the issues, some of the information may bring up
new issues or reshape old ones. Goals development and description of the community
(data gathering) go hand in hand. Newly gathered data will provide the basis for
modifying old goals and objectives or for setting new ones.
TRANSPORTATION
Transportation is often a master plan element, as in this plan from Baltimore County, Maryland.
Plan Elements
Now, let's look at the. hea~tof'the comprehensive plan: how the future is described in the
plan elements..'12~rmmber and types of plan elements included in comprehensive plans
vary somewhatt~om state to state and from one local jurisdiction to the other. However,
they typically include elements such as land use, transportation, utilities, public services,
natural resources, recreation, and open space.
These plan elements (sometimes also referred to as plans) summarize what the
community wants in each part of the commu_m_'ty in the future. For example, the land-use
element describes, among other things, where new residential or industrial development
will be located. The economic development element may include steps to be taken by the
local government to encourage industrial development. The content varies, but the plan
Community Planning 41
What specifically did Denver choose to do? The strategic objectives include, among
others: "The parking supply will be managed to ensure adequate short-term parking
while increases in spaces for long-term uses are restricted," and "Before 2010, there will
be a fifty percent increase in ride-sharing over present levels."
In this way, the plan made clear to the public how the community defined the
problem, how it analyzed the situation, how various solutions were weighed, and how the
final solutions or objectives were selected.
Land-Use Plan Map
Once goals and objectives have been developed, current conditions have been assessed,
and the desired future has been described in a series of plan elements, a land-use plan map
is prepared. This map is sometimes referred to as the future land-use map.
LEGEND
I
0 I ~ 3 4 5
SCALE IN MILES
INCORPORATED
AREA BOUNDARY
RESIDENTIAL
COMMERCIAL
INDUSTRIAL
EXTRACTIVE
INSTITUTIONAL
RECREATIONAL
VACANT
FACILITIES
PRESERVATION/
CONSERVATION
AGRICULTURE
The patterns of land use in Sarasota Count!h Florida, show up clearly in this land-use plan map.
Although land-use plan maps vary, most often they show the location of existing land
uses that will not change over time. They also show proposed land uses, including
residential, industrial, business, commercial, and other districts. Most often they also
show existing and proposed highways and roads and depict proposed recreation areas
and open space. In short, the land-use .El_~_n ~ap_sho~s ho_w the community will look
when the land-use policies are imp_].e_m~e_n_ted..
Community Planning 43
COMPREHENSIVE PLAN DEVELOPMENT PROCESS
~ STAFF/PLANNING COMMISSION
,/
PLAN ELEMENTS
ALTERNATIVES TESTING
SELECTION OF ALTERNATIVES
FUTURE LAND-USE MAP
IMPLEMENTATION (TOOLS, ACTIONS)
COMPREHENSIVE PLAN
DESCRIPTION OF COMMUNrrY
-~ LOCAL POLITICAL FACTORS · ~ CITIZEN INPUT
Community Planning 45
community's plans. For example, the parks and recreation plan may call for a neighbor-
hood park site within the area. Or the school plan may have identified the area as being
served by an existing school. The staff also examines the capital improvements program
to determine how public facilities will serve the new development in the future, or if new
facilities are needed.
Sometimes the development raises major policy issues not covered by the general
plans. This may happen if the plan is out of date. Or perhaps it was not detailed enough
to help the community make a judgment in this situation. In these cases, planning staffs
will carry out supplemental studies that amplify or update a plan element.
Once the assessment is complete (it will also include a review of zoning or other
ordinances), the planning staff prepares a staff report and presents it to various decision
makers, such as the planning commission, the mayor, the local manager, and the local council.
What is the role of the comprehensive plan in your community? When
was it developed ? Has it been used to support disputed zoning decisions ?
Have there been any court cases in which the comprehensive plan has been
referenced? (Exercise 7-1)
Format and Presentation of the Comprehensive Plan
For the comprehensive plan to be a viable tool in the planning and decision making of the
community, it should be easy to use. The text needs to be written clearly. The table of
contents should make it easy to find information within the plan.
There should be extensive graphics. Presenting the plan in a variety of formats can be
useful. For example, in addition to the land-use plan map, a brochure of goals and
objectives can be prepared for potential developers and investors, or for public relations.
Sometimes, 'the map and summary are printed as one short piece. Some communities
frame the goals and objectives and place them on the board room wall next to the land-
use plan map. San Bernardino, California, made its new plan accessible to the public
through an attractive short video. Whatever reproduction methods are used, it is impor-
tant that the comprehensive plan be distributed throughout the community in ways that
ensure accessibility and familiarity.
Copies should be sent to major developers, banks, savings and loans, libraries, consult-
ants who represent clients in the community, newspaper editors, officials in adjacent
communities, and officials at special districts in the county. The planning director should
prepare news releases for local papers, radio and TV stations, and community magazines.
Special briefings and press conferences for local media should also be held.
What is the format of your comprehensive plan? Is it clearly written ?
Can members of the community find it easily? In what ways has it been
presented? (Exercise 7-2)
The Comprehensive Plan and Other Planning Documents
The zon__~_~ ordinance, subdivision re_g_u_lations, th~al improvements program, and
~the impact fee ordinance are some of the _tools for~implementing the compreh__e~.
Community Planning 47
MODULE 8: ADOPTING, AMENDING, AND REVIEWING THE PLAN
State Enabling Legislation
We've seen that the. comprehensive plan is the basis for planning decisions made in the
~u_se it contains the community's goals and provides guidance for orga-
nized develonme~'~; H-0~-~-~, ~-t]~ ir~portant t° r e~i~-~t-]~ ~n"~-~
sive plan is also the legal basis for zoning and other decisions.
In order to develop, adopt, or amend your community's comprehensive plan, it is
necessary to know what your state requires. A few states require that a comprehensive plan be
developed, adopted, and kept up-to-date. Amending .... your comprehensive Elan ......... must be~ ..... done
wit~___t~? c~ontext of sta~e enab!~g !.egisl.a..tien, following the provisions of that legislation.
How does this work? Each state adopts its own version of a general planning enabling
act. In some states, the legislation is very general, permitting, but not requiring, a comprehen-
sive plan. However, in some states where a comprehensive plan is required by law, specific
plan elements must be included for the plan to be considered valid.
For example, Kentucky requires that a comprehensive plan's elements and goals be
interrelated. New Jersey and Florida require contiguous communities to have compatible
comprehensive plans. California and Florida have extremely detailed requirements for
the content of comprehensive plans.
It is important that you know your state laws regarding planning and development
requirements.
Take a moment to familiarize yourself with your state's enabling legisla-
tion. At the beginning of each section of the legislation is an outline of con-
tents. Find the section that discusses establishing a planning commission.
Is a comprehensive plan required? What specific components, it:any, are
required? (Exercise 8-1)
Adopting the Comprehensive Plan
In many states, the comprehensive plan must be reviewed by the planning commission in
a public hearing. Further, the commission must make a recommendation to the local
governing body. The local governing body may also have a public hearing process,
depending on state law. If desired, the local governing body makes revisions and adopts
or rejects the plan according to the state-mandated procedure. Many states permit the
adoption of the plan in parts.
Thus, for example, while the land-use plan map may be adopted, the economic
development plan or the natural resources plan may still be under discussion. The
comprehensive plan is so complex that this ability to adopt it in parts can assist a
community. Development can continue while certain difficult issues are being resolved.
Plans are adopted by the following legal process:
The planning commission holds public hearings, reviews and revises the plan, and
makes a recommendation to the local governing body.
The governing body may hold public hearings, makes revisions if desired, adopts or
rejects the plan according to state-mandated procedure, and may adopt the plan in parts.
CHAPTER
5
ETHICS
CAROL Bmu~s~r
ROBERT JOICE
INTRODUCTION
Ethics is a set of principles or values
that govern the actions of an individual
or a group. The principles must be com-
monly accepted by the group, coher-
ently expressed, and uniformly applied
if the group wishes to act in an ethically
responsible manner.
Over the past 10 years, ethics as a
distinct topic has gained attention. In
the field of planning, there has been a
sharp increase in articles, training ses-
sions, and animated debate over the
issue of appropriate planning ethics.
For those of you new to planning, ethi-
cal training may provide some surpris-
ing insights into values that underlay
the entire field. You should know that
no single, absolute set of rules has
emerged to guide planning commission
and zoning board members in dispatch-
ing their sometimes difficult duties.
So how do you learn planning ethics? An orientation toward and understanding of
such ethics emerges in discussion, analysis, and debate with your fellow board members,
trainer, planning staff, and, perhaps, with APA representatives. This chapter is an
introduction to ethical analysis. Some guidelines and resources are also listed for times
when you are faced with issues that seem too difficult, murky, and complex to resolve
comfortably in your own mind.
123
Ethics 125
MODULE 21: W IV ETHICS IS IMPORTANT FOR PLANNING COMMISSIONERS
Serving as a planning commissioner or member of a zoning board of appeals requires treating
the office as a public trust. Planning officials have been given public authority and must use
that authority with integrity and honor. The job is not always easy because the public has
become cynical about the integrity of government. Regaining the public's trust requires a
concerted effort on your part.
One of the roots of planning, dating to the early 20th century, is the civic reform
movement that brought new methods of thinking and fresh ways of involving dtizens in
community government. Distrust of political processes led to the creation of independent
planning commissions that helped remove politics from decisions concerning the best way to
use land in the community's long-range interest. Today, planning officials have a special role
in the political process and want to know how to do the right thing in the context of that role.
However, it is not always clear what the fight thing is, and sometimes doing the right thing
entails risk to one's position as a planning official.
Ethics 127
When a planning commission or zoning board makes a decision, particularly a quasi-
judicial decision, it is not just an issue of ethics and fairness, it is the law. Decisions of the
planning commission and zoning board of appeals can be thrown out or overturned if the
testimony doesn't properly support the findings and the decision.
A recent decision by a district court of appeals in Florida illustrates the concern. In the
case ofJennins v. Dade County, an accusation was made that the planning commissioners were
prejudiced in favor of an applicant because a paid lobbyist had discussed a proposed variance
with the planning commissioners before the public hearing. The court agreed that the
commission might have been prejudiced.
One judge, however, argued that prejudice should be presumed as a result of a meeting
with a lobbyist. If that minority opinion were ever to become the majority opinion, private
discussions with planning commissioners would become a thing of the past in Florida in
quasi-judicial matters. In the extreme, commissioners would not be able to engage in any
dialogue about specific projects or applications outside of the public hearing process.
Are there needs for public disclosure of information that a commission or board member
found out on his or her own? What about a meeting at which the commission might be writing
the text of a plan or revising the staff-recommended text? This kind of work also should be
done in an open-meeting work session.
Final decisions, however, should be made in a formal environment. Ethically, commis-
sioners should not decide as a group outside a meeting how to vote at the meeting.
Many commissions also make numerous administrative decisions, such as reviewing
subdivision plats at public meetings. Often, however, much work has to go on outside of the
meeting. In addition to staff activities, there may be a subdivision review committee of the full
commission, including staff and commissioners, that helps limit the' detail presented before
the full commission. Even in these circumstances, work sessions should be open meetings and
those in attendance should be given the opportunity to speak. Obviously, the planning
commission and zoning board cannot always have formal meetings, for if a full public hearing
were required for every item they review, the commission or board might never accomplish
its larger mission.
It is essential, however, that boards understand state law on open meetings. In Illinois,
for example, a public meeting is required if a majority of a quorum holds a meeting. Thus, on
a nine-member board, a quorum is five members; a majority of that number is three.
Consequently, a three-member subcommittee must meet in public meetings.
Ensuring Full, Open Consideration
The value of formal procedures in setting basic ground rules by which everyone must operate
is necessary to good government. For example, filing a complete application means that the
planning commission will receive relevant facts on a timely basis. Further, in order to have
effective citizen partidpation in planning, the process must be organized so that citizens can
find out what is going on, become involved, and make their points of view known.
Secondly, when a commission or board is reviewing requests such as a zone change, the
relevant standards, procedures, and regulations that are used must be available to all
involved. Thus, the comprehensive plan, ordinances, review guidelines, regulations, and
other official documents must be available to everyone.
The meeting agenda should provide an orderly process for applicant presentations, staff
recommendations (either before or during the public hearing), for public comment and
Ethics 129
MODULE 23: ROLE OF THE STAFF PLANNER
Working with the Planning Commission and the Community
In those communities where there is a permanent planning staff or a regular consulting
planner, the commission or board and the staff or consultants must work together to establish
an ethical framework. Citizens' first contact with the planning process will often be with the
planner. Therefore, it is helpful for planning officials to understand the AICP Code of Ethics
that governs the conduct of planning staffs.
Several components of the code are paramount in determining the nature of the
relationship between planners, planning bodies, and the larger community:
· A planner must serve the public interest.
· A planner must provide full, clear, and accurate information.
· A planner must give citizens a meaningful opportunity to participate.
· A planner must exercise independent professional judgment.
· A planner must not use the power of office to seek a special advantage.
Planning commissions should employ individuals who will provide them with
objective analyses. Commissions help define the objectives and nature of planning work
through adoption of plans, work programs, and studies. This does not mean, however,
that commissioners and board members should defer to staff or minimize their own
responsibility to plan. But planning officials should not steer the planning staff toward a
single finding or reject conclusions that are out of sync with a common community value
simply because they are unpopular.
The planner has a responsibility to serve the public interest, particularly in terms of
the long-range consequences of present actions and the interrelatedness of decisions.
Serving the public interest also means striving to expand choice and opportunity for
everyone. The code requires planners to establish rules and procedures that guide the
operation of the planning office. This means, in a practical way, that facts should not be
adjusted to meet someone's political objectives, and rules cannot be changed according to
the political or social status of applicants.
Ethics 131
these help darify past interpretations of public interest. They should influence the commission's
current interpretation of public interest to varying degrees, based again upon the type of
decision being made.
The Lone Commissioner or Board Member
What happens when you are faced with an ethical dilemma and you are the only one to
see it as an ethical issue? Any planning commissioner or zoning board member can
request an item be placed on the agenda. The lone member who has concerns about the
general tone and conduct of the work of the entire body should request that the AICP/
APA Ethical Principles in Planning be placed on an agenda for consideration and
adoption. A full discussion of the statement may serve as a tool of enlightenment without
appearing to rain down judgment on any individual.
Ethics 133
not wish to consult with local APA chapter officers because of a need for the utmost
confidentiality. Additionally, you may call APA and ask for a list of people who can help--
professional planners, other commissioners, or board members.
When you attend training workshops, you will be able to identify others who can be
helpful. Commissioners or board members who have made the effort to locate others with
whom they can discuss their observations and concerns report that the process is invigorating.
Learning that one is not alone increases your comfort in making difficult decisions.
Ultimately, however, each ethical commissioner must be prepared to consider whether
the events are of such a serious nature that they require a resignation when repeated efforts
to solve a problem have not been successful. The commissioner or board member may decide,
upon reflection, to maintain a lonely outpost as an ethical beacon. Conversely, he or she may
feel that his or her mere presence lends credibility to a fundamentally flawed situation.
Personal values will provide guidance.