Fundamentals of Land Use Planning and Sustainable Development. Questions to be answered. Authority to Plan and Zone

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1 Fundamentals of Land Use Planning and Sustainable Development UA Downtown Summer 2014 Workshop Series Becoming an Effective Citizen Planner for Sustainable Development in Southern Arizona Mark Apel, Area Agent University of Arizona, Cooperative Extension Questions to be answered today Where does the authority for counties and cities to plan come from and why should they? What s the difference between planning and zoning? What are the differences between lot splits and subdivisions? What is the definition of Exurban? What does sustainable development mean? What are some planning and zoning tools to make our communities more sustainable? Authority to Plan and Zone Arizona Revised Statutes ( and 9-461) require all counties and cities to develop plans and implement them through zoning. In counties, these are referred to as Comprehensive Plans In cities, these are referred to as General Plans 1

2 Authority to Plan and Zone Arizona Revised Statutes ( ) exempt general agricultural, ranching, mining and railroad activities from zoning regulations. 24.6% increase Source: 2010 Census 2

3 Culture Clash? Photo by Darrell Thompson Negative Cultural Impacts 3

4 Documents Governing Land Uses on Private Land Comprehensive and General Plans Zoning Regulations Subdivision Regulations Building Codes Other Local Ordinances How it All Fits Together Comprehensive or General Plan: Blueprint for growth or preservation Land Use Maps & Goals & Policies Guides land use change requests Zoning Specifies permitted land uses allowed in different districts Lists site development standards like setbacks & parking Governs processes for special requests, appeals, review of permits, etc. Other Special Ordinances Development Review Subdivisions Building/Use Permits Planning Processes Plan Amendments and Master Development Plans Rezonings Special (or Conditional) Uses Zoning Regulation amendments Variances 4

5 What do these processes all have in common? They all require public hearings and require public input. Public Participation ü Counties and cities can require developers to engage public before submittal of their applications ü Quality of public participation measures taken by developer are usually evident at the public hearing Source: dot.state.il.us Who Decides? The person proposing the change? Neighboring property owners? The Planning Department? No. Although all these parties are a factor in the ultimate decisions, they don t decide the final outcomes. 5

6 The Decision-Makers Boards of Supervisors (counties) City Councils (cities) Planning and Zoning Commissions Boards of Adjustment Voters - in the case of referendums Basic Structure for Planning and Zoning Board of Supervisors/ City Council County/City Administrator Planning and Zoning Commission Boards of Adjustment Community Development (Planning Director) Building Inspector Zoning Enforcement Planners Public Input Job as a Decision Maker 6

7 How Big Parcels Shrink 1. Formal subdivision process or 2. Lot splits -lots split up to 5 times in counties by different owners over time. No improvements or planning required. In cities, number of splits allowed are more restricted. Unregulated Lot Splits State law regarding the splitting of parcels in counties: Large parcel, like a ranch, can be broken into numerous 36-acre or greater parcels so long as each lot is at least 36- or larger - commonly called records of survey or s Each 36-acre parcel can be split up to 5 more times by subsequent owners if they meet the minimum lot size for zoning Except for records of survey no one owner can split more than 5 times 7

8 Unregulated Lot Splits State law regarding the splitting of parcels in cities (ARS 9-463): Large unplatted parcel, like a ranch, can be split into 3 or less parcels without being considered a subdivision A large, unplatted parcel cannot be split at all without being considered a subdivision if a new street is involved. Previously platted lots can only be split once without being considered a subdivision. The Result A 0-acre parcel Becomes Ten -Acre Parcels 0 8

9 New owner of -acre parcel splits 5 times..and so forth Acres Acres Acres Acres Acres Each -acre parcel becomes five 8-acre parcels Each With Its Own Home,Well and Septic System Lots Splits vs. Subdivisions Rural Area

10 Lots Splits vs. Subdivisions Same Rural Area Now Lots Splits vs. Subdivisions Picture Rocks feet meters Lots Splits vs. Subdivisions Picture Rocks feet meters

11 36-acre Ranchette Scenario Problems Resulting Lot splits without any improvements, planning or oversight can result in: Unmaintained, sometimes impassable roads Septic tank failures Inadequate water supplies Flooding during storms Parks, schools, or Sheriff s protection becoming overburdened or crowded The general taxpayers paying for services rather than those served Landscape fragmentation Formal Subdivision Process Advantages of a formal subdivision process: Applicant presents a planned development County or City reviews all lots at once Adequate roads, drainage, utilities and accurate lot boundaries are required Once approved and improvements are constructed, the owner can put the lots on the market all at once 11

12 This? Or this? Master Development Plans ü Generally provide for a mixture of uses ü Create the opportunity to be innovative in their overall design and policies ü Larger than typical subdivisions ü Set the stage for future rezoning and subdivision requests, but with a clear understanding of the big picture Master Development Plans 3D Renderings A great visualization tool 12

13 PERCENT CHANGE Growth in Arizona Acres Population 1,302,161 3,665,228 6,110,000 8,026,000 Urban/Suburban (> 2 units per acre) 62, , , ,000 Low Density Suburban (1 unit per 0.5 to 10 ) 333, ,000 1,627,000 2,148,000 Exurban (1 unit per 10 to ) 481,000 1,609,000 2,728,000 3,273,000 Rural (< 1 unit per ) 34,107,000 32,126,000 30,234,000 29,082, Population Urban/Suburban (> 2 units per acre) Low Density Suburban (1 unit per 0.5 to 10 ) Exurban (1 unit per 10 to ) Rural (< 1 unit per ) Source: Center of the American West, futures/archive/ development/development_az.html Sustainable Development What does it mean? With regard to development, it means: Meeting the needs of present generations, while not compromising the ability of future generations to meet their own needs. 13

14 Sustainable Development Why is this important? To abate the effects of climate variability, like drought Rising energy costs Depletion of important resources like water, wildlife habitat, open space, farm and grazing lands Sustainable Development In rural Arizona, conservation subdivisions are another way to develop and preserve important landscapes while incorporating clustered design, open space, rainwater harvesting, energy efficiency and water conservation standards What Sustainable Development Can Look Like Locally 14

15 What Sustainable Development Can Look Like Locally What Sustainable Development Can Look Like Locally Conservation Subdivision Design Planning and Zoning Tools For Sustainable Development 15

16 Comprehensive or General Plans that incorporate sustainability policies, conservation land systems Community, Area or Neighborhood Plans Master Development Plans Conservation Subdivisions Green Building Incentives LEED Certification Capital Improvement Plans Downzoning in rural areas Transfer of Development Rights (TDRs) Robust parks and open space programs Form-based codes Transportation-oriented development Multi-modal transportation systems Resources for an Effective Citizen Planner American Planning Association: Western Planner Resources: Arizona s Changing Rural Landscapes: Arizona Citizen Planner 101: For more information Mark B. Apel Community Resource Development Area Agent Cooperative Extension-Cochise County University of Arizona South 11 N. Columbo Sierra Vista, Arizona tel: , ext mapel@cals.arizona.edu Arizona s Changing Rural Landscapes website: 16