PLANNING 101. What architects think I do. the what s and how s of land use planning

Transcription

1 PLANNING 101 What architects think I do the what s and how s of land use planning

2 PLANNING 101 Overview of Planning Why Plan? Land Use & Zoning Tools Legal Basics Special Planning Topics Funding

3 Overview of Planning

4 History of Planning Ordinance of 1785 Rectangular land survey Garden City Movement City Beautiful Movement 1900 s First Zoning Ordinances New York City 1916 First mass produced suburb Levittown, NY 1947 Creation of the Metropolitan Council MN State Legislature passes the Metropolitan Land Planning Act Future Past Present

5 Garden Cities Garden Cities

6 History of Planning Ordinance of 1785 Rectangular land survey Garden City Movement City Beautiful Movement 1900 s First Zoning Ordinances New York City 1916 First mass produced suburb Levittown, NY 1947 Creation of the Metropolitan Council MN State Legislature passes the Metropolitan Land Planning Act Future Past Present

7 City Beautiful

8 History of Planning Ordinance of 1785 Rectangular land survey Garden City Movement City Beautiful Movement 1900 s First Zoning Ordinances New York City 1916 First mass produced suburb Levittown, NY 1947 Creation of the Metropolitan Council MN State Legislature passes the Metropolitan Land Planning Act Future Past Present

9 Tenement Housing New York 1900

10 History of Planning Ordinance of 1785 Rectangular land survey Garden City Movement City Beautiful Movement 1900 s First Zoning Ordinances New York City 1916 First mass produced suburb Levittown, NY 1947 Creation of the Metropolitan Council MN State Legislature passes the Metropolitan Land Planning Act Future Past Present

11 Levittown, NY 1947

12 History of Planning Ordinance of 1785 Rectangular land survey Garden City Movement City Beautiful Movement 1900 s First Zoning Ordinances New York City 1916 First mass produced suburb Levittown, NY 1947 Creation of the Metropolitan Council MN State Legislature passes the Metropolitan Land Planning Act Future Past Present

13 Why Plan?

14 Why Plan? Because we have to (it s the law) Is an integral part of municipal government (multi-disciplinary) Involves the entire community (public participation in government) Encourages orderly development and improves overall quality of life

15 Why Plan? Role of the Planning Commission Appointed advisory body Research, study and generate ideas Inform the City Council/Town Board on citizens requests and best long range interests of the community Evaluate information Make recommendations to City Council/Town Board Support decisions to promote health, safety, and welfare of citizens and as guided in the Comprehensive Plan

16 Why Plan? Role of the City Council/Town Board Elected body Setting and interpreting rules governing its own proceedings Exercising all the powers of cities that the law does not delegate to others Legislating for the city Directing and enforcement of the city ordinances Appointing administrative personnel Transacting city business Managing the city s financial operations Appointing members of the boards

17 Why Plan? Role of the City Council/Town Board, cont. Elected body Appointing members of the boards Conducting the city s intergovernmental affairs Protecting the welfare of the city and its inhabitants Providing community leadership Other specific powers Parks, trees, streets, buildings, laws, waterworks, hospitals, fire prevention, noise and nuisance, health, animals, etc.

18 Land Use and Zoning Tools

19 Land Use and Zoning Tools Pyramid of Discretion

20 Land Use and Zoning Tools

21 Land Use and Zoning Tools Comprehensive Plan Serves as a community compass / resource guide on development Tool used for fostering change or dealing with unanticipated changes Every community in the 7-County Metro Area is REQUIRED to have a Comprehensive Plan Update Plan ever 10 years Future Land Use Map Goals, objectives, policies CIP Public involvement in any planning process can help build community ownership and buy-in

22 Land Use and Zoning Tools

23 Land Use and Zoning Tools Zoning Map and Zoning Code Encourages orderly development Reduces conflicting adjacent land uses Used to implement the policies of the comprehensive plan Should be regularly analyzed and updated Broken into Zoning Districts Residential Commercial/Industrial Public/Parkland Institutional Etc.

24 Land Use and Zoning Tools Zoning Map and Zoning Code Use Categories in Districts Permitted Uses Accessory Uses Restricted Uses Conditional Uses Interim Uses Minimum Requirements Dimensional Requirements Lot Size (area), width and depth Front, rear, and side building setbacks from property lines Building coverage (impervious surface coverage) Maximum building size and height Landscaping requirements Parking standards

25 Land Use and Zoning Tools

26 Land Use and Zoning Tools Subdividing/Platting Preliminary Plat/Final Plat Follow subdivision ordinance Meets requirements= generally approved

27 Land Use and Zoning Tools

28 Land Use and Zoning Tools Conditional Use Permit (CUP) Permitted use with conditions Conditions: Hours of operation Timing of drop-off/pick-up of deliveries Truck parking location Signage If a specific use is not desired, it should not be listed as a permitted conditional use

29 Land Use and Zoning Tools

30 Land Use and Zoning Tools Variance A permitted departure from strict enforcement of the ordinance Hardship vs. Practical Difficulty Reasonableness Uniqueness Essential character

31 Land Use and Zoning Tools Variance A permitted departure from strict enforcement of the ordinance Hardship vs. Practical Difficulty Reasonableness Uniqueness Essential character

32 Land Use and Zoning Tools

33 Land Use and Zoning Tools Other Annexation Interim Use Permit (IUP)/Special Use

34 The Development Process

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39 The Development Process Legal boundaries of a lot: front lot line vs. edge of the street/back of curb

40 Mock Variance

41 Mock Variance Application Exercise Request: A variance to allow for the construction of a 10 x20 shed in the front yard of the property located at 1234 Main Street Corner lot Properties to the east all front 1 st Avenue Properties to the west all front Main Street Applicant s desire additional storage space Applicant s state the soil in the side/rear yard is not suitable for construction

42 Mock Variance Application Exercise

43 Mock Variance Application Exercise

44 Mock Variance Application Exercise Options to Consider: Addition to the home (variance required) Addition to existing detached garage (variance required) Construct a shed but locate it further to the east (side yard) (variance required); No shed (no variance required).

45 Mock Variance Application Exercise Next Steps: Groups of 5-6 people Read Staff Report Discuss the Applicant s Request Come to a Conclusion Approve Variance (and why) Deny Variance (and why)

46 Mock Variance Application Exercise Discussion - 10 minutes Variance Criteria Application is within the scope of this section (zoning code). Strict enforcement would cause practical difficulties because: The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; The plight of the property owner is due to circumstances unique to the property not created by the property owner; The variance, if granted, will not alter the essential character of the locality; and Economic considerations alone are not the basis of the practical difficulties. Consistent with the City s Comprehensive Land Use Plan. The granting of the variance is in harmony with the general purposes and intent of the zoning code. Protect the use districts; Promote orderly development and redevelopment; Provide adequate light, air, and access to property; Prevent congestion in the public streets; Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; Provide for compatibility of different land uses.

47 Legal Basics

48 Legal Basics Metropolitan Land Planning Act Requires 7-County Metro to adopt Comprehensive Plan within 3 years of receipt of system statements (2015) Requires official controls (Zoning) to not conflict with Comprehensive Plan within 9 months of adoption of Comp Plan What is the difference between Land Use Plan and Zoning Map?

49 Legal Basics Parliamentary Procedure Order of Business Establishing a quorum Call to order Approval of agenda and minutes Agenda items: consent items, public hearings, other business Announcements Adjournment Making a Motion

50 Legal Basics Open Meeting Law Intended to provide transparency and openness Prohibits members of a governing body from discussing official business outside of a public forum Includes social media and discussion before a meeting starts

51 Legal Basics Applications 15-days to deem an application complete/incomplete 60-Day Rule Agency must approve or deny a request within 60-days Failure of an agency to deny a request within 60-days is approval of the request Extension of time limit allowed with written notice by an additional 60-days (thus 120-day rule ) Beyond 120-days requires consent by applicant

52 Legal Basics Case Law Topics Manufactured home communities Adult uses Group homes Religious Land Use and Institutionalized Persons Act (RLUIPA) Variances Conditional Use Permits

53 Trending Topics

54 Trending Topics The What The Why The How

55 The What Place Making Creating identity

56 The What Livability Increased quality of life Assessing value and reacting to everyday needs

57 The What Complete Streets Making room for everything (and everyone!) else New Technologies Silva Cells Sustainability BMP Solutions

58 The Why Residents Renewed desire for connectivity within communities Establish the buy-in

59 The Why Longevity Increase overall health of residents/environment Value placed on open space

60 The How Innovation Alternative Financial Strategies Consider all impacted stakeholders to provide ample opportunities early on during projects

61 The How Collaboration Work with community members and developers towards identified goals Public/Private Partnerships

62 Economic Development

63 Planning For Economic Development Successfully planning for economic development depends on harmonization Land Use and Zoning Transportation Planning Utility Planning Capital Improvement Planning Factors of Production [Land, Labor, Capital] Market Data Current Trend Analysis Future Policy & Regulations Comprehensive Planning Data & Trends Policy & Regulations Economic Development Stable City Budget Competitive Local Tax Levy Competitive Municipal Services Rates Job Growth Improved Socio-Economic Conditions

64 Market Data and Trend Analysis Understanding Market Conditions & Trends Allows You To: Align Supply & Demand Identify Costs of Development Identify Benefits of Development Maximize Returns on Direct Investments the City makes in Improving Economic Conditions Identify Competitive Advantages Planning Process is Informed by Market Data & Trends Land Use & Zoning How much land is needed for future residential, commercial, and industrial uses? What types, styles, & sizes of buildings will be needed? Where are the best places for them? Transportation How does the City plan for the safe & efficient movement of people and goods? What is the cost of additional infrastructure? Design & Build Ongoing Maintenance

65 Funding Metropolitan Council Transit Oriented Development Tax Base Revitalization Account Livable Communities Demonstration Account Local Housing Incentive Account DEED Small Cities Development Program Contamination Cleanup and Investigation Grant Program MnDNR BWSR/Clean Water Act/Watershed Districts

66 Plan Today for a Better Tomorrow

67 Questions? WSB s Planning Group Breanne Rothstein, AICP Kelsey Johnson, AICP Addison Lewis Eric Maass John Uphoff Planning Resource APA MN Citizen Planner Handbook Handbook_Nov2012.pdf