Urban Planning and Policy Exam 2

1. Dillon's Rule a rule that limits the powers of local gov't to those express- ly granted by the state or those powers closely linked to the express powers... The rule is that a substate unit of government has only those powers expressly granted to by the state, or those powers that are directly and unarguable implied by those powers expressly granted to it by the state 2. Home rules pro- visions and home rules legis- lation 3. The Power of em- inent domain Substate governments have any power that is not forbid- den by the state and not in conflict with the state constitu- tion or state legislation... province, a county, or a department, so that a local county council, county commission, parish council, or board of supervisors may have jurisdiction over its unincorporated areas, including important issues like zoning. *obviously, a state government cannot add to a substate government powers that it itself does not have, but of those that it has, some will be assigned to substate units of government The government's right to take property for a public pur- pose on payment of just compensation to the property owner. *taking clause ex: the building of roads generally takes property, it must compensate the owner for the value of what is taken *if agreement cannot be reached between the government power subject to limitation by the constitutional rights of individuals 4. -lower income areas rehomed and destroyed to make it better (2005) examples of em- inent domain in DFW area 5. Fourteenth and Fifth Amendment 6. Public Control over private property -Dallas Cowboys stadium -Dallas --> Houston railway (take land from private owners to build rail 2015) -Marvin Nicholas Reservoir (2014) The eminent domain process is an example of the exercise of government power subject to limitation by the constitu- tional rights of individuals "nor shall private property be taken for public use, without just compensation" ---> hence the necessity for the con- demnation award (5th) "no person shall be deprived of life, liberty, or property without due process of law"---> hence the requirement for a judicial procedure should voluntary agreement not be reached *Consider someone who owns a building lot in a downtown area. Market forces such as the demand for office space and the cost of construction create a situation in which the most profitable use for the site is a 12-story office building. If the municipality, however, limits the height of structures on the site to six stories, the difference in profit between the 12-structures and the six-story building is a loss im- posed upon the owner of the site. In the first case the owner would take the loss directly in the form of reduced operating profits. In the latter two cases the loss would be manifest as a lower selling price or lower rental fee for the site. Zoning limits the uses to which land can be put. If the most profitable use is not among the permitted uses, a loss is necessarily imposed upon the owner. (no compensation is required) *the community obtains partial rights of ownership---some control over the use of the property---without have to go the expense of becoming an owner 7. Police power the authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people... *very often a phrase like health, safety, and public welfare will be used to indicate the range of public interests that may be safeguarded through exercise of the police power ^thus a law that limited the height of buildings so that they not cast the street below into a permanent shadow might be justified as an exercise in the police power 8. Mugler v. Kansas - 1887 - Forced closing of a brewery without compensation, ruling held in court in order to protect the "health and safety" of the community, required no compensation *protected by police power 9. The Village of Eu- clid v. Amber Re- alty Co., (1926) ability to institute zoning *The Supreme Court sustained a village zoning ordinance that prevented Amber Realty from building a commercial structure in a residential zone. The point that a municipality could impose an uncompensated loss upon a property owner through the mechanism of land-use controls was now firmly established. 10. euclidean zoning characterized by the segregation of land uses into speci- fied geographic districts and dimensional standards stip- ulating limitations on development activity within each type of district. Advantages include relative effectiveness, ease of implementation, long-established legal precedent, and familiarity. However, Euclidean zoning has received criticism for its lack of flexibility and institutionalization of now-outdated planning theory 11. Object restrictive zoning 12. Penn Cen- tral Transporta- tion Co. v. City of New York (1978) 13. end of the 1980s concerned with the property rights restrictive as to the lot size and land-use -drastic reduction of building permits -drives up prices outside of jurisdiction -outside parties may have a stake in local land use "not in my backyard" The company which owned Grand Central Station, had sought to build a skyscraper atop the station, but it was blocked because the city landmarks preservation commit- tee had designated the station as a historic site *the company argued that the loss it sustained by being denied permission to build over the station was so severe that it constituted a taking *the supreme court rejected the plaintiff's appeal and sus- tained the city *this decision made it clear that such control could be applied to a single structure or parcel rather than just to an entire district how much should the government be able to regulate the use of private property has an ideological dimension *as the US moved to the right politically toward the end of the twentieth century, what came to be called the property rights movement became more powerful *a number of states have passed laws that required "taking impact analyses" before the implementing of environmen- tal regulations *It will presumably be to reduce the ability of the states to control, without compensation, the uses to which environ- mentally sensitive land may be put—or, perhaps, to assert that land is environmentally sensitive. Bills to require gov- ernments to pay compensation for losses imposed by reg- ulation have been proposed in approximately two dozen state legislatures, but so far only one bill has passed. ---That one, in Mississippi, applied only to forest land. 14. Oregon 2000 -the voters passed Measure 7. -This referendum, backed by a property rights organiza- tion called Oregonians in Action, required government to "compensate landowners for loss of value resulting from government actions that restrict or curtail the use of their property." *Those who oppose it say this is a financial burden for state and local governments. They argued that because of this burden, the ability of governments to protect beach- es, impose urban growth boundaries, and even enforcing zoning laws would be greatly reduced. *The opponents also took the position that although ad- vocates of the measure couched their arguments in terms of fairness—government should pay for what it takes—the measure was actually a huge blow to government's ability to protect the public interest in land development and represented a type of initiative that Oregon voters had turned back several times before. *On November 2, 2004, the voters of Oregon approved Measure 37, which essentially repeated the substance of Measure 7 but was more narrowly drawn to be able to resist challenge in court. Subject of litigation *read more of textbook? 15. 15. subject of litiga- tion 16. Nollan v. Califor- nia Coastal Com- mission (1987) 17. Lucas v. South Carolina Coastal Council (1992) the actions between two opposing parties working in the interest of enforcing or defending a legal right Issue: Nollans have a beach house that they want to re- build, but they can only get a building permit if they create a walkway that allows the beach behind their house to be used as a public walkway. Is this a violation of the takings clause (private property-5th and 14th amendments)? Decision: the state can only require this if the Nollans are provided just compensation *a government agency cannot impose a condition when granting a private property owner's building permit unless the condition has a national nexus connecting it to a legit- imate government interest "Total takings" tests, two prongs: 1) permanent physical in- vasion of property; 2) regulations deny the property owner of all 'economically viable use of his land. If a regulation prevents a nuisance as defined by state law, it is not a taking. South Carolina Coastal Council drew "setback lines" along the coast, including on Lucas's properties. Lucas could no longer build permanent structures. He sued the council, claiming that the state's 1988 Beachfront Management Act took his property without compensating him. *the Court ruled in favor of the plaintiff, Lucas. The state had blocked any further development on the seaward side of a setback line. That prevented Lucas from developing on two beachfront building lots. The Court ruled the state's action taking and ordered it to provide Lucas with $1.6 million in damages. -"[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking." 18. Dolan v. City of Tigard (1994) Dolan sought a permit to expand a retail store and paved parking lot. The city conditioned the permit on a dedication of land for use as a public greenway to minimize flooding and as a bike and walking path to reduce street traffic. Supreme Court denied and determined it was a taking: Established a rule that benefit of the dedication must be roughly proportional to the burden imposed on the pro- posed development. *As in Nollan, the Court's position was that there was not a sufficient (rational) nexus to justify the municipality's demand. *When a government authority attaches a condition to a building permit, the burden on the property owner must be roughly proportionate to the benefit for the government. 19. rational nexus A reasonable connection between impact fees and im- provements made with those fees. 20. Stop the Beach Renour- ishment Inc v. Florida Depart- ment of Envi- ronmental Pro- tection the U.S. Supreme Court ruled for the defendants in a decision that very much pleased the planners. In the case that came up through the Florida Court of Appeals and then the Florida Supreme Court, a group of beachfront property owners sued to prevent the state from replenishing beachfront that had eroded in front of their houses. That sounds counterintuitive, but their suit had a certain logic to it. If the state replenished the beach that had eroded in front of their homes, any newly created beach beyond the old high watermark would now be state property and that, they claimed, might block their access to or view of the ocean. The U.S. Supreme Court upheld the Florida Supreme Court (which had overruled the Flori- da Court of Appeals) and denied the homeowners' claims. Scalia drew from Florida-law principles that (1) the state, as owner of submerged land adjacent to beachfront prop- 21. Southern Burlington NAACP v. Mt. Laurel 22. Texas Depart- ment of Housing and Community Affairs (TDHCA) v. inclusive com- munities project, inc. et al 23. The fight over eminent domain erty, has the right to fill that land and (2) the exposure of land previously submerged belongs to the state even if it interrupts the beachfront property owners' contact with the water. Had the homeowners won, it would have called into ques- tion the state's right to restore many miles of beachfront without having to pay compensation, a very serious matter in a state with as much beachfront as Florida. In 1975 the Supreme Court of New Jersey found that the town's zoning ordinance excluded entire classes of people including minorities and was invalid under the New Jersey Constitution. It ordered the town to prepare a new ordinance. the decision written by Justice Kennedy included these words: "The FHA [Fair Housing Act of 1968] must play an important part in avoiding the Kerner Commission's grim prophecy that our nation is moving towards two societies, one black, one white—separate but not equal." The Urban Renewal program, which got under way shortly after passage of the Housing Act of 1949, used eminent domain in a new way. Local governments would take pri- vate property to assemble blocks of land for projects and then, when site development work had been done, sell or lease the land to developers, who then built housing or commercial buildings. The private-party-to-private-par- ty transfer occasioned much resentment 24. Berman v. Parker In 1945, Congress passed the District of Columbia Rede- velopment Act, creating the District of Columbia Redevel- opment Land Agency, whose purpose would be to identify and redevelop blighted areas of Washington, D.C. Con- gress gave the new agency the power of eminent domain - the ability to seize private property with just compensation. Berman and the other appellants owned a department store in one blighted area targeted by the commission and objected to the seizing of their property solely for beautification of the area. The landowners brought a civil suit in federal district court challenging the constitutionality of the Act. Their case was dismissed. They then appealed directly to the U.S. Supreme Court. 25. Kelo v. City of New London 26. Through anger of the Kelo and Berman cases Upheld the right of D.C. to demolish a dept store as part of a redevelopment scheme for a generally blighted area, even though the store itself wasn't blighted Eminent domain case: Local governments may force the sale of private property and make way for private econom- ic development when officials decide it would benefit the public. These cases caused anger against the eminent domain process. how did states re- In the year after the Kelo decision, all 44-state legislature act? that met that year took up eminent domain bills. Of the 44 legislatures, 28 passed bills restricting the use of eminent domain. The most common feature was language that restricted the rights of state and local governments to take private if it was to be transferred to another private party. Generally, there were a few exceptions to this so that private property could be transferred to a common carrier, which would included: Railroads and pipelines, and to utility companies. Many of the states specifically banned private-party-to-pri- vate-party transfers for "economic development" purpos- es. So S.C. upheld Kelo, but legislation and referenda blocked 27. State-Enabling Legislation 28. The legal link to state planning 29. The Federal Role in planning that which Kelo had allowed. *All the Supreme Court said is that private-party-to-pri- vate-party transfers via eminent domain cannot be blocked on constitutional grounds. But when a state chooses to ban them, then they cannot be done in that state. - Defines local planning function as well as municipal obligations and powers w/ regard to taxation, borrowing, judicial system, provision of police protection, etc. - Encourages planning, defines scope of planning and gains legal support for areas should its plan be challenged in court - All local municipalities must establish planning commis- sion and adopt a master plan *look at textbook notes For example, if a state engages in planning designed to preserve wetlands, it may require that local governments not grant permits for development in or near wetlands until certain types of studies have been made or hearing conducted. These requirements prevent local governments from per- mitting actions that contravene the intent of state plans. Since local governments are "Creatures of the state," it is clearly within the power of the state to bind local govern- ments so that they act in conformity with state-established guidelines. Sometimes it is said that the federal government can raise monies more easily than state and local governments because it has "the best revenue sources." Very often the federal government does not even need to monitor the behavior of the recipient government to 30. mandated re- sponsibilities achieve compliance. *The reason is simple. If the local government violates a federal funding requirement, it is likely to face a lawsuit from some individual or group seeking to block its use of federal funds on the grounds that it has violated a condition of receiving such funds. The financial squeeze from federal to local: This financial squeeze explains why for several years after the 2008 financial crisis while private sector employment was rising at a modest pace local government employ- ment fell by some hundreds of thousands, particularly in education. At this writing, the economy continues to improve, state government revenues are rising, and state direct expenditures as well as grants to substate govern- ments are rising. But federal grants to state and local governments are sharply restrained by intense pressure against federal expenditures as exemplified by the budget sequestration of 2013 as well as the government shut- down in the fall of the same year and the near shutdown the following year. The federal government also influences local and state planning activities by direct requirements, or "mandates." The Clean Air Act amendments of 1970 require the EPA to establish certain air quality standards. -To meet these standards, states are required to produce state implementation plans (SIPs). Although the states have great latitude in the precise manner in which these air quality standards are to be met, the federal legislation does force them to plan and also establishes minimum targets (levels of air quality) for which to plan. Corporate Average Fuel Economy (CAFE) -for the total fleet produced by a manufacturer were estab- lished, and fines for exceeding this standard were set. But carmakers were told nothing about what technologies to use in achieving these goals. 31. Why is planning political? Emotional Issues Visible Decisions Close at Hand Subject Familiarity Large Financial Decisions Property Taxes 32. Planning and Power Planners are basically advisors. Planners do not have the power alone to: commit public funds, to enact laws, to enter into contracts, or to exercise the power of eminent domain. A plan is the vision of the future. A more modern view is that good plans spring from the community itself. Several points can be made in favor of the modern approach. 33. The Fragmenta- tion of Power A feature of the American Constitutional system designed to have the government control itself through such princi- ples as separation of powers and checks and balances. Court-mandated school integration is perhaps the best-known example, but there are many others. For ex- ample, how the courts interpret the language of the Amer- icans with Disabilities Act (ADA) of 1992 determines ex- actly what steps municipalities must take and what expen- ditures they must make for individuals with disabilities *Citizen participation- most planners, on balance, look favorable on citizen participation, but it can have its frus- tration. The planner who takes a comprehensive view of the city or town may be very frustrated by citizens who are tremendously concerned with what happens in their immediate vicinity but relatively unconcerned about the "big picture. 34. Robert Moses He was, in large measure, responsible for the building of highways and bridges, the building of parks, the construc- 35. Styles of Plan- ning 36. How planning agencies are or- ganized tion of all sorts of community facilities, and the destruction of large amounts of housing and many small businesses to make way for his projects. He had little interest in what the public wanted, but rather in what he thought was needed. The planner usually finds little within the community on which there is unanimous agreement Neutral Public servant Builder for Community Consensus Entrepreneur Advocate Agent of Radical change The head commissioner reports to: the chief elected official or, there is a manager form of government, to the city or town manager. Very commonly, the planning director or commissioner is a political appointee nominated by the chief elected official and confirmed by the legislative body, just as the head of a federal department is nominated by the president subject to confirmation by the Senate. The commissioner is often required to have specific qualifications such as a Master's degree in planning or membership in the Amer- ican Institute of Certified Planners (a certification based on education, experience, and passing an examination). As an appointed official, the commissioner or director can be dismissed at the will of the chief elected official. In that sense, as in many other ways, the ultimate power to plan is vested in elected officials, and, therefore, in the body politic of the community. Beneath the commissioner is a staff who often have civil service status. Combined departments are common. Many planning agencies have been merged with community development departments. 37. Planning Consul- tants 38. Reaching out to the public 39. The social issues in planning for housing Having work done by a consultant rather than in house has both advantages and disadvantages. One advantage may be the consultant's specialized knowledge and breadth of experience. Another advantage at times may be that a consultant can say things that need to be said but that it is not politically possible for an insider to say. But once the consultant has, in effect, put the ball in play, it may be possible for the subject to attract the attention it needs. A disadvantage may be that the consultant does not know the municipality very well and so may miss things that someone familiar with the municipality would see. Consul- tant-community relationships vary. Beyond all these approaches, most planning agencies reach out to the community through a variety of informal means. The planning director or staff member speaks before the Rotary Club, the League of Women Voters, the Chamber of Commerce, and other groups. Many agencies send out press releases and otherwise seek media cov- erage so that people know what the agency is doing and why. Planning agencies generally have a number of links to the community through various advisory or lay groups. These links may be formal or entirely casual. One approach is the advisory panel: A group of citizens interested in a par- ticular issue, say, environmental quality, maintain a liaison with the planning agency. The agency solicits information and advice from the group on planning decisions that have significant environmental impact. Land-use controls and decisions about capital facilities like water and sewer lines affect how much housing and what type of housing will be built -That decision affects rent and house prices, and thus who 40. Private Commu- nities 41. The Problem of Homelessness will live in the community -May favor racial integration -Where one lives can determine one's access to recre- ation, to social services, and employment is one in which residence requires becoming a member of a community association, paying fees to that association, and agreeing to abide by its rules. Almost always begin as areas within a political subdivision such as a county -Planned as a whole, they are not built in conformance with the existing zoning or land-use controls but rather are de- veloped pursuant to rezoning, the issuance of variances, or an overall site-plan review process. "master-planned": the plan for an entire city, county, or other civil division -In some cases private communities ultimately incorporate as separate political entities (Reston, Virginia) -Many of the first private communities were retirement communities *If large numbers of the more prosperous withdraw to the enclave of the private community, one might ask what the condition will be of the remainder of the population that does not have the resources to make such a move The planner may be able to make some contribution to easing the problem of homelessness via his or her involve- ment with housing policy. -Urban Renewal demolished a great deal of low-rent, low-quality housing. At the very bottom of the rental mar- ket, Single Room Occupancy (SRO) hotels and flophous- es have been particular target of neighborhood and busi- ness district improvement programs. However, if the most that someone can afford to pay for housing is a few dollars 42. The social side of planning for cata- strophe 43. The social side of economic devel- opment 44. Bloomberg and De Blasio a night, then eliminating the SRO or the flophouse renders that person homeless. Consider the flooding of New Orleans by Hurricane Katri- na in 2005. By and large it was poorer people who lived in the lower lying parts of the city and where thus most vulnerable to the initial event. *Reconstruction after the event involves a host of distrib- utional (who gets what) issues. Assume that a community needs jobs and new tax rev- enues but is handicapped by a shortage of sites suitable for commercial development. It could use its power of em- inent domain to take some land, carry out the necessary site preparation, and then market the land for commercial use. But the land now contains housing, whose residents will be forced to move. Should the community do so any- way? Very often there is a strong connection between economic development and housing markets. Look at Bloomberg and De Blasio While Bloomberg's main thrust had been to promote eco- nomic growth, De Blasio's campaign was about reducing inequality, two very different and in some ways contradic- tory goals It is hard to be opposed to De Blasio's goal of reducing income inequality, and Bloomberg himself would probably agree with that as an abstraction. On the other hand, the city needs the jobs and the tax revenues that come from new commercial activity and also from multi-million-dollar condos in Manhattan. The "millionaires' tax" which De Bla- sio advocated to pay for his educational goals may seem fair to anyone who believes in the principle of progressive taxation. But the fact is that if high taxes cause wealthy people to move across the city line, then the city cannot tax them at all 45. Transportation Planning 46. The Question of environmental justice In short, reasonable and well-intentioned people may dif- fer sharply about what emphasis the city should place on economic development versus other goals. another example could be San Fransico Silicon Valley the process of defining future policies, goals, investments and designs to prepare for future needs to move people and goods to destinations. If you were a poor person located in the central city and without access to an automobile, and the only job you could find was in the suburbs reachable only by a two- or three-hour bus trip, that might be sufficient to keep you unemployed. This problem has been well understood for at least half a century, but it is not easily solved. A public transportation system that offered good access between any two sections of a metropolitan area instead of the more common system which is largely radial and oriented to the central business district would be spectacularly expensive. The central question is whether the poor and minorities bear a disproportionate share of the burden of environ- mental problems and, if so, why. Numerous studies have been done on the subject, and books and articles have been written about it. Some planning schools offer courses in environmental justice. The Environmental Protection Agency (EPA) has become involved in environmental jus- tice both in administration and in funding research. 47. Gender Issues Gays and Lesbians in Planning (GALIP)(1997) -was formed as a division of the American Planning As- sociation (APA) to represent the interests of gays and lesbians. One item that GALIP members mentioned was the recognition of and planning for districts that, either commercially or residentially, are oriented toward gays and lesbians. Within the planning profession, reaction to the formation of GALIP was mixed. Some took an "it's-about-time" view. Others argued that planning is about serving a general public interest and that the assertion of a separate gay and lesbian interest is divisive. 48. Feminism and For example, a number of feminist planners have suggest- Planning ed that the way many suburbs were planned seemed more to suit the interests of men than women. The argument first surfaced in a major way in the 1960s with The Feminine Mystique, which, among many other points, argued that a house in a suburban subdivision where there are nothing but similar houses, even though it might be a nice house equipped with all the best furnishings and appliances, is really something of a prison for the woman who stays home all day with the children, and that this isolation con- tributes to boredom and depression. Author Betty Friedan 49. Planning and Ag- A more numerous retirement age population will control ing a larger share of the nation's income and accumulated wealth, and will constitute a larger percentage of the na- tion's voters. They have different needs for health, recreation, and pub- lic services 50. Social planning Do planners serve the majority or should they focus on the for whom? minority that is the question. Whether or not one recognizes a separate field of social planning, it is clear that the social side of what at first might appear to be purely physical or design questions should not be ignored. 51. The goals health of comprehen- public safety sive planning circulation provision of services and facilities fiscal health economic goals environmental protection redistributive goals 52. Forward Dallas! Amendments af- *UNT- Dallas Area Plan- Dec. 2009 *Trinity River Corridor Comprehensive Land Use Plan ter 2006 (2005)>Oak Cliff Gateway, 2009 *Dallas Transit Oriented Development (TOD) Plans 2013-light rail stations --Buckner Station Area Plan --Hatcher Station Area Plan --Lancaster Corridor Area Plan --MLK Station Area Plan --Vickery Meadow Area Plan *Valley View-Gallery Area Plan (midtown Area plan) June 2013 *Neighborhood Plus Plan, 2015, replaced the housing & neighborhood elements 53. The Comprehen- sive Planning Process 1. Research Phase 2. Formulation Of Community Goals & Objectives 3. Plan Formulation 4. Plan Implementation 5. Review & Update the Plan *Plan formulation tends to modify goals by making plain the real implications of generalized goals. Sometimes the community may not like what the goal implies. Getting prices down to affordable levels may mean building small- er housing units at higher densities than present residents want 54. Research Phase - advisory committee establishes guiding principles and meets regularly to review the process - the city holds community-based and citywide workshops to garner input -maps are created to capture community input on desired future development -scenarios have created that answer the question "if we do this, what would happen?" 55. population fore- cast The predicted growth of a population. *one cannot plan without having an idea of for how many people one is planning One hundred people over the age of 65 make very differ- ent demands on the community than do 100 elementary school students. 56. Cohort Survival Method the present population is mathematically "aged" into the future. In other words, each age and sex group, or "co- hort," of the population is advanced through time and its numbers adjusted for expected mortality. Adjustments are made for net migration (moves in minus moves out) and births. *The advantage of this technique is that it presents a detailed picture of the structure of the population rather than just an estimate of the total number of people. *Perfect accuracy is hard 57. Land Use Inven- tory such study begins with a mapping of existing land uses. It also characterizes undeveloped land in terms of suitability for different uses. -The common practice is to prepare a series of maps that show land characteristics such as topography, flood plains, areas of well or poorly drained soil, and so on. In many cases the land-use study also contains information on land ownership, generally distinguishing among public, private, and institutional holdings at a minimum. The study may also identify major private or major institutional hold- ers. The study may also identify some infrastructure char- acteristics, particularly water and sewer services. It may also identify some legal characteristics such as zoning categories, though these are less permanent than most of the other items mentioned. GIS is helpful 58. Formulation of Community Goals This step of the general plan, sometimes known as the master plan, should encompass all aspects of the project- ed growth, including the social, economic, and physical features. Due to this step, while considered long-range, the plan must allow for short-range flexibility. The planning agency's role in this process might be pro- viding a forum for discussion 59. Formulating the plan 1. lay out variety of options 2. when all the reasonable options have been listed, it is time to begin considering their respective costs and merits 3. when the impact assessment have been made, the preferred option can be selected It is better to resolve differences early around a conference table than later in the courts or the press 60. Implementing the Plan The two most powerful tools for carrying out the physical side of the plan are capital investments as called for in the capital budget and land-use controls Ideally, capital investments and land-use controls should be consistent with one another and with the comprehen- sive plan. If coordination is lacking, the results are likely to be disap- pointing. For example, if capital investments create pow- erful pressures for development in areas that the compre- hensive plan shows as developing at low density, the stage has been set for litigation, controversy, and frustration. 61. Review and Up- dating For the plan to be effective over the long term, periodic review is essential. Ideally, the review applies to all the major plan elements. First, it applies to the database. Population, revenues, expenditures, housing stock, employment, and so on in- evitably will not evolve exactly as predicted. 62. The technology of the citizen par- ticipation 63. How Effective are comprehen- sive plans? 64. Public Capital In- vestment Beyond updating the database on which the plan rests, it is also necessary to update goals and strategies. Ideally, the municipal government will have a commitment to updating the plan at regular intervals. If this cannot be done, the plan loses its relationship to reality. If government personnel and citizens perceive the plan as a static and increasingly irrelevant document, it soon loses its political force. *It is important to maintain community interest in planning process You don't have to be present to stay informed, it may help the community participate more and understand more about the planning process In brief, then, the plan reflects the community from which it springs. There is as much variation in plans and in their effectiveness as there is among places themselves. Some populations are fundamentally more supportive of plan- ning than are others. In the writer's observation, college towns are often quite supportive of planning. Their edu- cated and economically well-off—albeit not rich— popu- lations seem to be comfortable with it and often take a great interest in it. The overall political complexion of the population will have an effect on how much or how little the body politic thinks it ought to plan. A more powerful shaper of the pattern of development. Public capital investment creates very powerful economic forces that shape development and, unlike land-use con- trols, public capital investment stays for many decades. Some powerful public investments would be: roads and highways, water and sewer, facilities such as schools and universities, airports, and harbor facilities *Governments can invest by either borrowing, or in a budget-neutral way, by either restructuring government 65. Public Capital and its financing 66. The Capitol Bud- get expenditure or by increasing various types of taxes to raise funds for public investment. *accessibility is the most important determinant of land *investment in roads and mass transportation spurs the development *Utilities allow for denser residential and commercial de- velopment --water treatment plants in Collin County --Water supply reservoirs in North Texas ^public capital don't notice them but they are needed *Facilities are among shapers of land-use patterns (air- ports, community college)(strategic) *think of the DART stop in Richardson which brought apartment buildings... incentives Most local governments have and/or required) a capital budget and a capital improvement plan (CIP): lays out the expected sequences of investments and thus gives the municipal government a rough schedule of when and in what amounts it will have to issue bonds and also a rough indicators of how much it will have to spend on debt services *seperate from capital improvement plan 67. Types of Bonds general obligation and revenue *Capital expenditures are generally financed with bonds. A bond is basically a promise to make repayments to the buyer on a regular, prearranged basis. 68. General Obliga- tion Bonds a municipal bond that is backed by the issuer's full faith and credit or full taxing authority 69. Revenue Bonds a municipal bond whose interest and principal payments are backed by the revenues generated from the project being built by the proceeds of the bonds. Toll roads for example, are usually built with revenue bonds backed by the tolls collected. *Collin County art center (failed) 70. Grants A sum of money given by a certain organization, especially the government, for a certain reason or cause. Grants may have a very large effect on local capital expen- ditures both because they may be the difference between possible and impossible and also because they change the system of prices that the local government faces. For example, a local government may want to acquire some parkland, but not badly enough to pay the full price. If it can buy the land for 50 cents on the dollar because the state or federal government is picking up the other 50 cents, then it may decide to make the purchase. 71. A basic differ- ence in budget- ing State and local governments make a sharp distinction between the operating budget and the capital budget. The federal government makes no such distinction *The Operating Budget consists of current expenditures required to satisfy a particular mission and/or mandated purpose during the current fiscal year. The Capital Budget provides for the state's major long-term capital invest- ments; such as, office buildings and prisons. 72. Operating bud- get a budget for day-to-day spending needs 73. Capital Budget a budget that highlights a firm's spending plans for major asset purchases that often require large sums of money 74. Subdivision Reg- ulations Old form of land-use controls Control the manner in which blocks of land over a certain size may be converted into building lots. Before building lots can be sold or the owner can make improvements, the municipality must approve a plat (map) of the property. 75. Zoning Ordi- nance 76. The popularity of zoning Frequently also stipulate that certain land dedications be made to the community by the developer for schools, recreation, or community facilities Can be abused Community may impose unnecessarily high costs on builders, thus blocking the construction of moderately priced housing Law that specifies how and for what purpose each parcel of private real estate may be used. Also called zoning code. 1. Site layout requirements -Minimum lot area, frontage and depth, minimum set- backs, maximum percentage of site that may be covered, placement of driveways or curbs cuts, parking require- ments, etc. 2. Requirements for structure characteristics -Maximum height of structure, maximum number of sto- ries, and maximum floor area of structure 3. Uses to which structures may be put 4.Procedural matters Zoning=most common means by which communities have sought to control land use. Zoning has considerable power to achieve goals that the community favors, and it is almost free. 77. The effective- ness of zoning 78. The Limitations of zoning Unless a "taking" has occurred (chapter 5), no compen- sation need be paid to property owners for reductions in property values caused by limitations imposed by the zoning ordinance upon the rights of ownership, namely the right to exercise some control over the use to which the property will be put, without having to purchase it. You could use power of eminent domain or by contract between municipality and property owner, but those would major expenditures There is tremendous variation among communities, rang- ing from inefficient to efficient. Zoning may be quiet effective in a growing area where the land-use pattern is not yet fully determined. -Here zoning can shape the urban pattern by blocking or limiting growth in some area and thus, in effect, diverting it to other areas. Often in prosperous developed areas in which there is substantial pressure for change in land use, zoning may be effective in preventing or moderating that change. On the other hand, zoning may be relatively ineffective in older urban areas where the land-use pattern is essen- tially established and where growth forces are not very powerful Zoning, by itself, cannot address the redevelopment prob- lem, since controls cannot compel anyone to invest in an area Limited by both economic and legal forces If the value of land in a use permitted by zoning is very much lower than the value of that land in a use that is forbidden but for which a market exists, property owners have strong motivation to try to change the zoning. They 79. Property Taxes and zoning 80. Making Zoning more flexible may expend substantial funds on litigation, or they may devote substantial effort to building a coalition of forces to lobby for zoning change. If the community is hungry for jobs and additions to its tax base, potential investors may indicate to the community that if it does not show flexibility, their capital will be in- vested in some other community, one that can recognize a good thing when it sees it. fiscal zoning is used to control land use to hold down tax rates. -some property raises more revenue with less demand on public services = a win for local government The physical immobility of land and structures is also an important reason why local governments place major reliance on the property tax relative to other taxes. property tax is the safest tax, and perhaps the only tax, upon which a local government can place very much weight. 75% of local taxes Tax exemptions -residence homestead -disabled homestead -disabled veteran or survivor tax yield= tax base x tax rate Zoning prescribes what cannot be done, but it cannot make anything happen. Its very rigidity ,may lead to less than optimal results. Limits: what it can not deliver -agricultural land around Dallas Pkwy -rezoning is forbidden but the market exists 81. Bonus or Incen- tive Zoning 82. Transfer of devel- opment rights 83. Inclusionary zon- ing "sterile" environments Many communities will allow increased residential den- sities if developers include some units earmarked for low-and moderate-income tenants. The Zoning ordinance might stipulate a certain height limitation but permit additional height or stories if the de- veloper will provide certain amenities at ground level the exchange of zoning privileges from areas with low population needs to areas of high population needs. Meant to concentration development in areas where it is wanted and to restrict it an areas where it is not. Sending and a receiving area are designated Property owners in the sending areas who do not develop their properties to the full extent permitted by the law may sell their unused rights to property owners in receiving areas. Preserve open space, limit development in an ecological- ly fragile area, or to achieve historic preservation goals, among others. *in texas there are not specific legal provisions for TDR sales planning ordinances that provide affordable housing to people with low to moderate incomes Developers who build more than a specified number of units must include a certain percentage of units for low and moderate-income household. (Not discretionary) shifts some of the cost of housing to the developer which then in shift at least some of that cost to the other buyers and renter 84. Planned Unit De- velopment (PUD) 85. traditional zon- ing A planned combination of diverse land uses, such as housing, recreation, and shopping, in one contained de- velopment or subdivision. *unified design approach zoning that creates separate zones based on land-use type or economic function such as various categories of residential (low-, medium-, or high-density), commercial, or industrial 86. Cluster Zoning A type of zoning that permits a developer to reduce the minimum lot size below the requirements of the zoning ordinance, if the land gained thereby is preserved as permanent, community open space. 87. Performance zoning Also known as impact zoning. Establishes criteria to mea- sure a land use's spillover effects onto neighbors (ex: for an industrial area, no dust shall be allowed to escape the property limits, a maximum of 70 decibels at the property line is permitted) 88. Development Agreement A contract between a city or county and a developer, which may specify conditions, terms, restrictions, and regula- tions pertaining to all aspects of a development. 89. exactions Conditions to development approval. Exactions may take the form of mandatory dedications of land for roads, schools, or parks as a condition to plat approval, fees in lieu of mandatory dedication, water or sewer connection fees, and development impact fees. In some cases that are required only if there is to be a re- zoning or zoning variance. In other cases the exactions are charged for development within the existing zoning law. In general, exaction is charged to pay the costs that the development is presumed to impose upon the community. In some cases the exaction may be for a closely related cost; for example, nearby road construction needed to carry the additional traffic that new commercial develop- ment will generate, or school or park construction that the population of a new residential development will require. In other cases the connection may be more tenuous. For example, San Francisco decided that new office develop- ment increases the demand for housing in the city. "something the local zoning authority requires a property owner to give to the community, in order to obtain approval to develop land. The "something" can be almost anything: land; a portion of the value of the land; money (a mitigation fee); or other property." 90. Form-based zon- ing Zoning that restricts development based on a generic description of design without regard to use. Example: building must go to front lot line with setbacks of 20 feet. 91. Formal vs tradi- tional zoning Traditional zoning codes specify which uses are permitted and provide basic numbers for matters like floor area ratio (FAR), maximum building height, minimum parking space, and setbacks from property lines. For most places that use traditional zoning, the number of zones is quite large and there is a tendency for the number of zones to increase with the passage of time. Although traditional zoning imposes many requirements, it does not specify directly what the ensuing development will look like. Form-based zoning, by contrast, places the emphasis on the physical form of the development—on what the area in question will actually look like— and, as compared to conventional zoning, is much more flexible about permit- ted uses. It is consistent with neotraditional design, as discussed in Chapter 10, and, not surprisingly, many of its proponents are of the neotraditional school. The Tradition code is predominantly words and numbers. The form-based code is heavily pictorial since its message to the developer is "this is what it should look like" -It will specify heights and maximum and minimum (unlike traditional) -It will specify setbacks -Placement of entrances -Details about doors, windows, and courtyards -Specifications about sidewalk width, radius of curbs, and the planting of trees, in some cases even down to accept- able species 92. site plan review Applies to developments over a certain size, it does not supersede zoning but rather is another layer of review. It is applied to commercial and multi-family development 93. Architectural re- view 94. historic preser- vation zoning 95. Combining Cap- ital investment and land-use controls 96. forces beyond lo- cal control details of exterior appearance, landscaping, etc Zoning to preserve the historic nature of a particular prop- erty or neighborhood. Change will require a certificate of appropriateness from the necessary regulatory power. Since capital expenditures and land-use controls are the two principal methods by which municipalities may affect land use, the enlightened community strives to coordinate them so that they reinforce each other. Capital investment in transportation, public facilities, and infrastructure can shape the land market. Land-use controls can permit what is desired and, within the sorts of limitations described, can prohibit what is not desired. Decisions made by state highway departments about highways are powerful shapers of the pattern of develop- ment. Not only do they involve many acres directly, but they also create powerful economic forces that, in turn, shape land uses. Municipal governments have some hand in these decisions, but they are often not the most powerful players. State highway departments, state legislators, and governors may all have more influence over decisions than do the municipality's officials and residents. In addition, major corporations and institutions may play very power- ful roles in shaping state highway decisions. The major corporation which indicates that its decision whether to locate in an area or to close up its operations in an area depends on decisions made about highway construction may carry more weight with the state highway department and state government than the preferences of a town or county government. Other decisions by higher levels of government may have profound effects on the local land-use pattern. The building 97. Higher levels of land-use control 98. Why is high- er-level control necessary? of state or federal facilities, an action generally not bound by local land-use controls, can have powerful effects on the municipal land-use pattern. So, too, can land acquisi- tion by higher levels of government. In the last several decades, the state governments and the federal government have asserted some control over land-use decisions that were formerly left up to local governments. This assertion has been termed "the quiet revolution." The phrase comes from the title of a book by Bosselman and Callies. Much of the force for such laws comes from environmental concern, Part of the answer comes down to the issue of exter- nalities. If a community grants a rezoning that enables a shopping center development to obliterate a wetland, the fiscal gains of that development accrue to that community. So, too, may many of the employment gains. At least some of the increases in land values are also likely to be captured by community residents. On the other hand, the unfavorable effects may be felt outside the community. For example, increased storm-water runoff may have no significant effect on the community but may cause flooding downstream.