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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.