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HomeMy WebLinkAbout1998 04 01 Regular Item C, D CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development LOCAL PLANNING AGENCY AGENDA ITEM: II. C. ANNEXATION OF 1.279 ACRES ON SOUTH SIDE OF ORANGE A VENUE (ANNEX-1-98) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3174(4) Florida Statutes which states "Be the agency (Local Planning Agency) responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the Local Planning Agency shall hold at least one public hearing, with public notice, on proposed plan or plan amendment." The provisions of Sec. 2-57 of the City Code which state in part ". . .the planning and zoning board shall serve as the local planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state. . ." A. SUMMARY OF APPLICATION 1. APPLICANT: David Auld, Division Vice President D. R. HOrlon Custom Homes 6250 Hazeltine Nation Drive, Suite 102 Orlando, FL 32822 857-9101 Aprill, 1998 1 ANNEX-I-98 2. REQUEST: To annex 1.279 acres into the City. 3. PURPOSE: To designate it for open area or passive recreation that can be used by future residents of the Tuscawilla Trace subdivision, as well as others in the immediate area of Orange Avenue. B. BACKGROUND INFORMATION 1. AREA OF PROPOSED ANNEXATION 2. GENERAL LOCATION AND LEGAL DESCRIPTION: On the south side of Orange Avenue west of Tuskawilla Road at the northwest comer of the Tuscawilla Trace subdivision now under construction. THE NORTH 288.00 FEET OF THE WEST 190.00 FEET OF LOT 18, BLOCK "B", D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP, AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLY CORNER OF SAID LOT 18; THENCE RUN SOUTH 60 17' 50" EAST ALONG THE NORTHERLY LINE OF SAID LOT 18, ALSO BEING THE SOUTHERLY RIGHT -OF-WAY LINE OF ORANGE AVENUE, FOR A DISTANCE OF 193.44 FEET TO A POINT ON THE EAST LINE OF THE WEST 190.00 FEET OF SAID LOT 18; THENCE DEPARTING SAID NORTHERLY LINE, RUN SOUTH 18 53'09" WEST ALONG SAID EAST LINE, FOR A DISTANCE OF 293.21 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 288.00 FEET OF SAID LOT 18; THENCE DEPARTING SAID EAST LINE, RUN NORTH 60 17' 50" WEST ALONG SAID SOUTH LINE, FOR A DISTANCE OF 193.44 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 18; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 18 53' 09" EAST ALONG THE WESTERLY LINE OF SAID LOT 18; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 18 53' 09" EAST ALONG THE WESTERLY LINE OF SAID LOT 18, FOR A DISTANCE OF 293.21 FEET TO SAID POINT OF BEGINNING. CONTAINS 1.279 ACRES MORE OR LESS. April I, 1998 2 ANNEX-I-98 3. DEVELOPMENT TRENDS: This area has seen the approval of the St. Johns Landing single family subdivision at the intersection of Orange Avenue and Tuskawilla Road involving 31 lots. Recently the Tuscawilla Trace single family residential subdivision has been approved involving 24 lots. The representative for the Joyce property, immediately to the west of the TuscawiUa Trace development has talked with staff about a single family development that would extend to the property immediately west of the Joyce property. With the development ofa new Town Center, the Joyce property and the property to the west are proposed for high density residential to include some row houses. 4. CHRONOLOGY OF SUBJECT PROPERTY: 4-27-92 - The property was part of the county enclave. 2-24-97 - Ordinance 647 passed to change the Future Land Use Map designation from county "Suburban Estates" to City "Lower Density Residential". 2-24-97 - Ordinance 648 passed to change the zoning designation from county A-I "Agriculture" to City R-IA "One Family Dwelling District". 1-12-98 - Final Engineering Plans approved by City Commission 5. EXISTING LAND USE OF SUBJECT PROPERTY: Vacant; with trees. 6. LETTERS IN FAVOR OR IN OPPOSITION: None. 7. CITY COMMISSION DISTRICT: # 5 - David McLeod C. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North' Single family residential in the county enclave. Sm!1h: Vacant; now under construction as a single family residential lots. EMt: Vacant; now under construction as a single family residential lots. ~: Residential. April I, 1998 3 ANNEX.1-98 D. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designation) Suburban Estates (1 DU per acre) Requested: None requested at this time. E. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY : North' (County designation) Suburban Estates (1 DU per acre). Sm!1h: EMt: ~: Lower Density Residential. Lower Density Residential. Mixed Use. F. ZONING OF SUBJECT PROPERTY: Existing: (County designation) A-I "Agriculture". Requested: Non requested at this time. G. ZONING ADJACENT TO SUBJECT PROPERTY: Nm1h: (County designation) A-I "Agriculture". Sm!1h: EMt: ~: R-IA One Family Dwelling District. R-IA One Family Dwelling District. RU Rural-Urban Dwelling District. (Replaced by RC-l). ill. COMPREHENSIVE PLAN AMEl:::IDMENT ANALYSIS: NOTE: The applicant requests that the 1.279 acre parcel be kept as is - as open space or passive recreation. No facilities analysis or environmental analysis is needed. ApriJ I, 1998 4 ANNEX.,.98 IV, FINDINGS: * This is a voluntary annexation of 1.279 acres into the City. * The parcel would be kept in its natural state. * Until such time as an application is made for changing the Future Land Use designation of the parcel and approved by the City Commission, it will continue to be county designated "Suburban Estates" (1 DU per acre). * Until such time as an application is made for changing the zoning designation of the parcel and approved by the City Commission, it will continue to be county designated A-I "Agriculture". V, STAFF RECOMMENDATION: Staff recommends the Local Planning Agency make the following recommendation to the City Commission: Recommend the City Commission annex the 1.279 acre parcel into the City and keep it in its natural state. ATTACHMENTS: 1. Sketch of a portion of Lot 18 Block "B". April I, 1998 ANNEX.I.98 SHEET 2 OF 2 SKETCH OF DESCRIPTION LOT 17 BLOCK "8" SOUTHERLY RIGHT-Of-WAY LINE POINT OF BEGINNING NQRTHWESTERl Y CORNER OF LOT 18, BLOCK "8M NORTHERLY LINE OF' LOT 18, BLOCK "8- ~~~. ... ( S~G'ct ..... ~/c..,. .....~~ ..... :::..01", 1-Uct ...........11-"'r 0\'..... ) 25.00' A PORTION OF LOT 18 BLOCK wBw EAST LINE Of THE WEST 190.00 rEEl OF lOT 16. BLOCK "B- ~t~ ......~"~...... ......~4%1hS":~ tt>.~,~.wS~ ~~~!b.!ll:ltl'II!~i'IC. ,..,~;ml$;l$.I$l..., \\\II,lllIlt*V f 1/ /:; EASTERLY LINE / J?/ ~ c;;.0'-g: -':' )j,~ / _~ 0 ~ ,.f ~<t o Q;S / ~ j; ;/' I~ ,t LEGEND: ~ ~STERL Y LINE or LOT 18. ~ ,,~ ." / 1- BO.. I;>. 1 SO. .9~ ,.. ..".". 'Y SOUTH LINE Of THE NORTH 268.00 FEET OF LOT 18. BLOCK .S" / / R/WL OF LOT 18. <So UN J BLQCl( "B' 'NA,McD -- I?IG/-f-.. ____ '-01"_ 2'--- -WA, Y R/", REMAiN[IE:R OF L.OT 18 BLOCK "8" ( NOT INCLUDED ) SOUTHERLY LINE <t Denotes cen terl ine R/W Denotes right-of-way THIS IS NOT A SURVEY ProfessIonal Surveyors & Mappers JOB NO. 96950 OATE, 1/7/98 SCALE: 1. - , 00 FEET nELD BY: H/A CAlCULATED BY: JLR DRAWN BY: .A...R CHECKED BY: JLR --:;:1:8V 1420 Eost R~binson Street (;Icrocb, flrido WJ1' ( 407 ) 897-14tl CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 3Z7.1800 Community Development PLANNING & ZOMNG BOARD / LOCAL PLANNING AGENCY AGENDA ITEM: II. D. DRAFT BYLAWSffiULES OF PROCEDURE FOR THE P&Z BOARDILPA STAFF REPORT: NOTE: The Board wanted to revisit the draft BylawslRules of Procedure for the April 1st meeting, and possibly take some action. NOTE: Bob Guthrie, Acting City Attorney, indicated he could not attend the April 1st meeting but most likely could attend the April 15th meeting. B,ob Guthrie had some reservations in the draft where it discusses quasi-judicial functions. He suggested separating that section from the other section if action is taken by the Board at the April 1 st meeting. REMNDER: Please bring your copy of the BylawslRules of Procedure with you to the April 1st meeting. FOR YOUR INFORMATION THE EFFECTIVE PLANNING COMMISSIONER Just What Is Your Planning Commission's Role? +ough planning processes vary among communities, the commonality we probably share is the belief that government has a role in planning and managing orderly growth. The difference is in the details. How do planning commissions and commission- ers view their roles in the process? This is more than an esoteric issue, for how you perceive yourselves individually and as a unit underlies how and why you make decisions. It also can be a basis for explaining your actions to elected offi- cials and citizens. One way of looking at the question is to ask whether you view your role pri- marilyas that of: (1) a defender of the sta- tus quo; (2) a citizen voice in the planning process; or (3) an advocate for planning principles or a panicular plan- ning slyle? Assuming that most of you would answer you are "a litlle bit of this and a little bil of that," the question still is relevant: what are you most of the time? While painted with a broad brush, the following descriptions may help you and your fellow commissioners think abou t your basic philosophical underpinnings. Is your planning commission a defender of the status quo? Are you reluctant 10 break new ground or consid- er new ideas? You can judge if this "shoe fits" if you view your role as administer- ing the communitys zoning code -leav- ing policy matters (including changes in land use policy) 10 others. Such commis- sions often serve principally as develop- ment review boards, concentrating their time and energy 10 review how projects conform 10 existing zoning standards. Is your planning commission pri- marily a voice for citi.%ens in your com- munity? Planning commissions that see themselves in this role tend 10 believe that any rules or regulations Ihal may impede access or services for citizens can and should be changed. Within this by Elaine Cogan context, planning board meetings are likely to be prolonged affairs where citi- zens and commissioners have carte blanche to speak as long as they like, and it is difficult for board members to know when they have heard enough to make a decision. Moreover, commissions that consider themselves a citizen voice may have difficulty determining which "citi- zens" they represent. For example, does .an individual who has lived in the com- munity all his life but is now a controver- sial developer lose his "citizen status" 10 newcomers who represenl today's politi- cally correct neighborhood or environ- mental interests? Is your planning commission pri- marilyan advocacy group? Of the three, this implies the most active Tole for a planning board. As advocates, commis- sioners make lough decisions based an strongly held beliefs or points of view. Advocacy also implies a willingness to speak out in other forums... newspaper opinion columns, speeches to community groups ... and to try to convince others. Al meetings, commissioners may tolerate and be polite to staff or citizen views that differ from their own, but the commis- sioners' own opinions are stated clearly and difficult to change. Advocates take a high profile, and their victories - as well as their defeats - are well known in the community. Which of these most accurately defines your commission's situation? If you are a defender of the status quo, are you confident thai your cUrrent zon- ing regulations and plan policies ade- qualely meet your communitys needs for the future? As a citizen voice, do you try to find out how most people might be affected by matlers before you and take that into con- sideration as you make decisions? Or as an advoca te, are there lines you will not cross, principles you will not violate, even in the face of determined opposition? You and your commission need not take on one of the above roles to the exclu- sion of others. But taking the time to exam- ine what unique combinalion of these attributes makes the most sense in your community may be a valuable exercise. . Elaine Cogan, partner in the Portland, Oregon, planning and communica- tions jinn of Cogan Owens Cogan, is a consultant to many communities undu- taking strategic planning or visioning processes. Hu column apptars in tach issue of the PC]. Thanks! Our thanks to the (ollowing panicipants on our on-line editorial review board for com- menting on articles appearing in this issue: John Allm, Mark Aumm, Robcrt L Bcardslcy, Pcter Buchsbawn,Jcancuc Carr, Thomas C. Dow, Cad Kohn, AM English. Larry Fr<dJwu1, Wmdy Grcy, Doug Haganan, Jod L. Hucbner, Dean Johnson, Lec A. Krohn, Wayne Lanmon, King Leonard, Jcff Ltvine, Bob Makcna., Dee McGct, Martha Morss, Gent Moser, Todd Natitm, J(J(17lM Pcterson, Suzannc Rhees, Marlin Sanchcz, Barbara Swut, Cassandra Thomas. Lindsley Williams, Jim Yarbrough. If you would like to assist us by reviewing draft articles. complete the sign up fonn at our Web site: www.plannerswtb.com/gutst.html PLANNING COMMISSIONERS JOURNAL I NUMBER 29 I WINTER 199B In FEATURE Access Management: A Guide for Roadway Corridors Land Use Strategies Set development boundaries along a corridor Avoid zoning that allows for a com- mercial strip along lhe length of lhe road- way. Existing strip developmenl corridors may be defined in order to focus atlention on remedies to existing conditions. However, lhese areas should not be designaled 10 etul.ble a continua. lion of bad praclices thai are causing congestion and decline in lhe character of lhe area. Look for areas that can be zoned 10 serve as compact centers for develop- menl, such as existing village or urban centers or major road inler- sections. Check your muni- cipal plan before defining lhese areas. The boundaries of scenic corridors are often defined by land that is mosl visible from the road and has high scenic quality. For example, a corridor through an agricultural region will usually include the farm fields and farm- steads thai can be seen from the road. A corridor in a gorge will include lhe steep slopes up to the heighl of land that is visible. Locale importanl hisloric, scenic, and environmental resour- ces along a corridor In order to implement land use strategies lhat prOlect Ihese resources, lhe corridor management plan should clearly identify where lhey are located. In facI, this is typically required as pan of federal or state agency review of major roadway projeclS. by Elizabeth Humstone & Julie Campoli Define appropriate land uses Along rural slrelches of road, limil uses 10 agriculture, forestry, outdoor recreation, conservation, and low density housing or compatible activilies. Allow and encourage cluster residential devel- opment. Consultalion with your mu- nicipal or county attorney is importanl to ensure that any proposed land use reslrictions will nol result in Ihe "taking" of propeny requiring compen- sation. In compact centers, provide for a bal- ance of jobs, housing, and civic activities. Limit lhe scale of developmenl to what is appropriate for your community. Define standards for development - lot size, density, setbacks Compacl cenlers along a highway should have smaller 101S and higher den- sity than surrounding areas. In exisling and developing centers, buildings should be set close to each other and to pedestrian ways and main streelS to encourage walking and shared parking. In rural areas and scenic, historic, and environmental areas setbacks should be based on distances lhal would be mosl compatible wilh lhe characler of lhe area and thai would preserve resources. Define land subdivision standards for lot layout, streets, dri- veways, and location of buildings Look at the entire parcel. Lot layout should minimize linear devel- opmenl along a high- way except in planned centers. Access 10 arterial or collector highways should be restricled to secondary roads or one access point on the highway if there are no secondary roads. In rural areas build- ings and roads should be located off of impor- tant scenic or environ. mental resource lands lhough clusler development. Dead end streets, cul-de-sacs, and large "walled" developmenlS should gen- erally be avoided because they reduce access and contribute 10 congestion. Avoid commctial strip zoning. Look Jar OralS to save as campolI centers Jar development Along undeveloped corridors, limil lhe scale and density of buildings. isolat- ed, large-scale and dense projects can create safely and congestion problems along olherwise smoolhly functioning anerial highways. PLANNING COMMISSIONERS JOURNAL I NUMBER 29 I WINTER 1998 ... Curb Cuts, Driveways & Parking Umit number of curb cuts permitted per parcel or per linear feet of corri- dor Restrict the number of curb cuts per parcel to one or none if altemalive access exists through a secondary road or a shared driveway. Reduce number of curb cuts along a corridor Close excessive curb cuts on a corri- dor upon development or redevelopment Connect secondary roads or parking areas at ,he back of lots. of a parcel. Look for opportunities to share access among properties. Separate curb cuts aud intersections Establish minimum distances be- tween curb cuts and between curb cu ts and public street intersections. Plau for new street network Map new secondary streets on which driveways can be relocaled. Place pro- posed streets on an official map and plan for construction in a capital budget and program. Align driveways r., rf~iD ~_~ ~ , '.,;- ,;~. . Align new or relocated driveways opposite each other or offset at least 125 feet from each other. Relate driveway design to travel speed and traffic volumes Relate the design of Align driv<ways driveways, includ- ing width, length, and curb radii, to travel speed and traffic volumes on the corridor. Require shared access .and parking for new developments, expansions or redevelopments wherever possible Consolidale parking lots and drive- ways to minimize paved areas. Plan for fmure shared parking by requiring reserved rights-of-way and reciprocal easements. Develop shared parking stan- dards to reduce the amount of parking Require shared driveways. required for individual developments. Prohibit direct parking access from a parking space to an arterial or collector Prohibit parking that requires back- ing out onto the road except in down- towns and village centers where speeds are low. Plan for public parking Plan for municipal parking areas and Lbcate parking areas behind buildings. on-slreet parking in city and village cenlers to reduce on-site parking and encourage more compact development. Require pedestrian and bicycle con- nections Require sidewalks and other connec- tions along roads where uses are concen- trated and between buildings and parking areas. Provide for pedestrian crosswalks at regular intervals. Make provisions for transit where applicable Locate transit stops at reasonable intervals within and between centers and make provisions for pedestrian access between lransit SlOpS and buildings. continutd on page 8 PLANNING COMMISSIONERS JOURNAL I NUMBER 29 I WINTER 199B D ..,A Guide for Roadway Corridors con[inutd from page 7 Site Development Strategies The design of individual sites directly affects Ihe success of access management along a corridor. Through site plan review and subdivision controls, a com- munity can ensure !hat !he subdivision and development of parcels are meeting its access management goals. Viewing the Whole Parcel In reviewing sile development plans, look at !he entire parcel ra!her than sim- ply the particular project. If Ihe parcel has frontage on a secondary road, access points should occur !here and not on a major anerial or heavily-traveled collec- tor. The lay-oUl of parking and loading areas, and vehicular, bike, and pedestrian circulation pallems should be undertak- en wi!h the corridor plan in mind. Ser- vice roads, pedes Irian links, shared parking areas, and o!her inter-parcel site components identified in the corridor plan should be implemented" duling site plan or subdivision review. Access points should be from secondary roads, nor from major arterials. Lot Layout . Subdivide parcels into lots that do nol require direct access to !he road. . Provide access !hrough a shared dri- veway or new street. Parking Lot Loca- tion and Design . Sile commercial buildings close 10 the road wi!h park- ing areas in !he rear. . Make provisions at !he back oflots for secondary roads or parking areas thai connect to other parcels. . Require shared parking. . Plan for fu ture shared parking by requiring reserved Iights-of-way and re- ciprocal easements. . Prohibil parking and loading that requires backing out onto !he road except in downtowns and village centers where Limit the number of ""cess point.! speeds are low. . Use landscaping to establish visual and physical boundalies between park- ing lots and roads. ~ ,. ,,,. ~. .'{I"\~~ <;j"/i' ..... .;.~.!;:9:4:"" ,~:~~~~t~~~ '~'~~~'i"!r".o:~~s< ;~~fi~~~~~~~f"~ . Driveway Location and Design . Restrict !he number of curb cuts to one entrance and exit drive. . Where excessive access exists, install curbing to limit access to one or IWO locations upon applications for expansions, redevelopments, or change of use. . Require shared driveways between two parcels, al !he property line. . Provide adequate driveway length. Driveways should be long enough to allow adequate space for vehicles pulling off the road and Slacking to enter the road. . Align Driveways. Two-way drive- ways should intersect the road at an angle of 70 - 90 degrees. . Provide adequate sight distance. Sight distances from a curb CUI should be alleast eleven times the speed limit. . Alignment of highway al curb cut. Curb cuts located on sharp hills should be prevented. Dliveway grades within twenty feet of a roadway should be no , more than 3% uphill and 6% downhill. Pedestrian and Bicycle Considerations . Require sidewalks in new de- velopmen ts and sidewalk connections between parking lots and building entrances, and between sites. .. Install crosswalks at intersections. Install mid-block crossings where neces- sary. PLANNING COMMISSIONERS JOURNAL / NUMBER 29 / WINTER ]998 n Reduu excessive curb cuts and define boundaries . In downtown locations or between destinations where pedestrian activity is heavy, provide safe crossing opponuni- ties through bump-outs or median refuges. . Set sidewalks back from the road. Require on street parking or landscaping to create a buffer between sidewalks and moving traffic. . Service roads and driveways should have limited widths and curb radii to contribute 10 a low speed envi- ronment 00-15 mph). . Minimize pedestrian ~ vehicular connict points in the orientation and configuration of parking areas and the location of driveways. . Provide bike racks and storage areas near entrances to public buildings, including civic, commercial, and indus- trial buildings. . Elizabeth Humstone is principal of Humstone Associates in Burlington, Vermont. Humstone has worked on a wide range of planning studies and pro- jecrs. She is also Chair oj the State of Vermont's Housing & Conservation Trust Fund Board. )Q ~:~~~~~~- . ing traffic should be based on the traIIic volume, capacity. and charact~r of the roadway and the'nteds of other. . modes of ~el, includiiltpedestrlanS ',. andliicycles: LOw vol;;';'''''roads \viih'~o' major:~oni~oii or ~;o/'i>~blerits rriay :;~~;t~it~;~'< .~. the cliaIacterof these routes.;,.,.",O ';.j',;'e' ;'~~es~~m~}~]f .( and Create conlliclSwith,bicjcles.:SpedaI .' ...~" ...:,. ',.- '. .C acaimmodatlol!5 of tuniiilg ulOve",entS: such assigDais; Can iIripedei:rallic flow.'''' .' '" ~".'. ". These factors Deed to be Weighed in the . ,. .', "".~' ..... -... .',' .-' -' deCisil;m toac:Co~oda~ ~g'm~~-~'. meIits/ . .~~~~> .". '>~::2t:- .~~><~.~ -,'<,i.;:. b"~" Reso~~~~t. '::. ~ _ .~ Anexlended v~o~ of tiik . . article, including additiona! material on t.he.link between access man- agement and municipal plans, and on strategies for implementing access man- agement will ~ available at the Planning Commissioners Journal web site: www.plannersweb.com . Kirk R. Bishop, D.;.igning Urban Cor. ridors, Amencan Planning Association, Planning Advisory Service Repon No. : 418, Chicago, Illinois, 1989. Chester E, Chellinan, Traditional . NeighboriwodD<velopmtnt Stn:<l Design. Guideli=.lnStitute 'ofTransponation Eugineers,jwie 1997.. 525 School Sr,ttet SW, Suite 410, Washington, DC 2002~:. 2797... ..' . .:~;.,~~ .... .~ Julie Campoli is a landscape architect and principal of Urban DesIgn & Lands~ape Architec- ture, based in Burlington. Campoli is also a member of the Burling'on Public Works Commission. ,~, . ':-(> <.~i :'..!, . , -. ..... . . ..',:i....P,,'.. .. ~ ~.:~-:.;;. , . ...:~,;::;~~i~t:t~~{tl~~~~j~~~: .... .-.. . ~ ..~:>:'"..."..""._'='~~,...... ... ..... '"ttf:!j'~fJt"Ji '---. .,:.- - ~ ~ . ;>-~ ,'.... yF".. .~,~ ",'" .; -..- .'1 .. '; :;.-~ i~. ._~,l \ I -.'. .T!. ..'~- , '. ;. Material from this article was derived from the authors" Access Managen'!ent Guidebook" prepared in 1996 for the North,:,est Regional Planning Commission in St. Albans, Vennonl. P LAN N 1 N G CO \1 MIS S ION E R 5 J 0 URN A L I N U M B E R 29 / WIN T)1 R 1998 '.: n INSIGHTS Making Planning Commissions More Effective +untary citizen panicipation haS long been a hallmark of local government in the United States. In mosl cities and counties, planning commissions are easily.the most visible, influential, and controversial of all local citizen advisory groups. This shon commenlary will offer sug- gestions - in the form of a checklist - for making commissions more effective. Websler's defines "effective" as being "ready for service or action," or "produc- ing or capable of producing a resul1." Commissions musl possess certain orga- nizational and operational characteristics if either individual commissioners or commissions are to be effective. The fol- lowing is a brief list of whall've found to be the most imponanl characleristics of effective, successful planning commis- sions. See how many your commission can place a check mark next to. o The selection of commission members provides broad-based represenlation (a cross-section of communilY, back- ground, lalent, and abilities). o The commissioner selection process places emphasis on community spirit- ed membership that is represenlative, caring, and responsive to community needs. o Orientation is provided for new mem- bers jointly by the slaff and commis- sion. o The commission is well organized with clearly defined goals and objectives and eslablished priorities that are reflecled in an annual work program (essential if the commission is to function as more than a mere "zoning commission" responding to various applications). o There is good overall communicalion characterized by openness al meetings, and posilive relationships between commission members, slaff, and the general public. by Bruce W. McClendon o There is effective realizalion and uti- lization of outside resources. o There is receptiveness as evidenced by open-mindedness, flexibilily, and will- ingness to change or to compromise. o There is an underslanding and accep- lance of responsibilities as evidenced by a willingness to work, to face diffi- cult issues, 10 Slay informed, to listen and learn, and to give the time neces- sary for Ihe job. o There are policies, rules, and pro- cedures for terminating inactive members. o There is a commitment to striving for group consensus on issues through cooperation, teamwork, and the devel- opment of commission policies (this is particularly valued by elecled officials). o There is able leadership characterized by well-run meetings, good prepara- tion, effective agendas, active commit- tees, good a!tendance, promptness, respectful membership, and a pleasant C atmosphere at meetings. I o Meeting times, dates, and places are selected for maximum convenience to the general public. o Regular and on-going evaluation of the effectiveness of the commission and slaff are provided. o Members have a personal commitment based on concern, dedication, a feeling of usefulness, and an acceptance of self and others. o There is productive membership achieved through perseverance, vision, enthusiasm, and a willingness 10 accept risk. o There is an educated and knowledge- able commission that receives continu- ing education through workshops, conference trips, and published materials. Any type of citizen advisory group in local government can be improved by emulating these organizational and opera- tional characteristics of effective commis- sions. However, Ihe critical role and responsibility of planning commissions demands an extraordinary commitment to maximum effectiveness and to excel. lence in public service. . Bruct W McClrndon is the Director ofPlmming and Development for Orange County (Orlando) Florida. He has worked for planning commissions in Montana, Oklahoma, Kansas, Texas, and Florida for almost 30 years and has written three books on planning. McClendon previously authored .Challenges & Opportunities" in PC] #15 (Summer 1994). In Coming Issues of the PLANNING OMMISSIONERS m PLANNING COMMISSIONERS JOURNAL I NUMBER The Economic Value of Open Space Conservation Around the coumry. communities are recognizing that conservation of open space can benefit theit economic health. At the edge of rapidly growing cities, protected Farmland and wildlife = are stemming suburban sprawl and encouraging morC' compact develop~ menc, thw decreasing the public COSts of road and sewer consrruction. In inner cities, park renovations are sparking redevelop- ment and enhancing the value of adjacent neighborhoods. Consen'ation easements on f.um1and are helping to preserve the economic backbones of many traditional local economies. And wilderness areas are attracting hikers and other nature tourists who spend monq in local communities. While the benefits uf protected open spaces are increasingly evident, many com~ munities still face great difficulry funding their land acquisition plans. In recenr years, federal grants for land purchases have de- creased sharply, while an economic boom has pushed land prices through the roof in rapidly growing areas. As a result, the escalating COSts of acquiring properties can be far beyond the capacity of many tOwn budgets. Nevenheless, many communities acknowledge that they must take greater initiative to protect their valuable green spaces for future gene~tions. :egion?!.Assembly The Lincoln Institute's lates, policy focus report, Opm Space Comn-varion: lnvtsting in }Our Community's Economic Health, by John Tibbetts, addresses these issues. It explores how American commu- nities have hisrorically protected and main- rained open space through a combination of planning strategies, regulatory measures, public investments and private initiatives. Since the fiscal and economic implications of open space conservation are crucial to policymaking, rhe reporr describes several methods of estimating the economic value of open space to communities. Finally, the report analyzes the effectiveness, practical- ity and fairness of tools now used by com- munities to finance open space acquisitions. With this information, interested parries can think strategically abom local conser- vation opportunities. Communities can protect open space in three basic ways, which are often used in combination. First, land can be preserved through regulatory measures, such as agri- culrural zoning, conservation zoning, impact fees, and dedications of land. Growth man- agement policies have proven useful in numerous communities experiencing rapid development. But despite the effectiveness of these measures in some areas, land use regulations can be challenged Ot tendered ,,--:.:'". .. ~ -. .' ~~, m~~~~"~..commitment. Panelists will _ '~~.~egi!?nal mI ~tiacives, subur- P;aplo!j;the circumstances where these ,_:, ban higf1~y,oongeSriilli; parkS that'pay '"F~van~~:'~' roaChes are mOst ~~. .~'>'..~;:~~'. ftit:cli~~~'ancfcd~CatioDaT.dis .~ ", -;,'7: ': v.:elf~~ and pIan:ning ^fookrhat are':;-'~~ri2Wci-b;'''SCh;';;F;;;~~;:;;,~;,;,~ro' :,.i , aVaiIabl~ to local communities and regions. '. .:::'.;F~r-;;;o.einform>:1i6n-or t~'~er The'moderator for these sessions is A.sseln: n' ftii.i:h.e'~bly, contaCt Regional blymail Richaid Bagger of the New Jersey . PIail ASsociation, 4 Irving Place, 7th . SClteLegislanue. . . 'floot, New York, NY 10003. Phone: . TheRPA Regional Assembly, 'er.aling .i.12I253A72?-x309. Fax: 212/253- the caj>ilcity for Growth.. on May 5 ;; be- 5666, Web: ~.rpa.org. L ing held 'at the Sheraton New York Hotel '. -.. >..... . . ,: . and J.:~. Other workshops will ,':;"::';-, ....'. ... ~. unenforceable by new political leadership. Secondly, localities and scates can acquire land outright or provide funding to maintain open spaces through bond issues, sales taxes, real estate transfer taxes, special districts, special assessment areas, and business improvement districts. This option is expensive and often politically complex. Many communities with limited financial resources have difficulty compet- ing with developers to acquire valuable land. SdlI, citizens in many localities have voted to pay higher [axes to acquire green space and protect ecologically sensitive areas such as watersheds. A variety of publici private partnerships also offer hope for new financing alternatives, especially in more urbanized areas. A third approach is the use of conserva- tion easements to protect land while keep- ing it in the hands of private owners, a popular and practical method of preserving open space, championed by both landown. ers and environmental groups. Easements are increasingly being used in rural and suburban areas, where they can help pro- tect productive agricuhurallands and stem the pace of rapid development. Protection of environmentally sensi- rive lands, such as watersheds and flood- plains, presents special challenges that usually require a combination of regula- tory approaches with public and private financial support. In faCt, all communities should consider me pros and cons of various techniques and collaborations to devise an open space conservation plan based on a shared vision of the commu- nicy's long-term land use needs and local economic conditions. Open Space Conservation is a 36-page, illustrated paperbound reporr, available from the Lincoln Instirute at $14 per copy, plus shipping and handling. A 25 percent discoum is available on orders of 10 or more copies. Please use the Request Form on page 11 or call 800/LAND-USE (800/526-3873) to place your ordcr. L LAND LINES. MARCH 199B OLINCOLN INSTITUTE OF LAND POLICY New Book Researches Tax and Land Use Policies Local Government Tax and Land Use Policies in the United States: Understanding the Links, by Helen F. Ladd, is an accessible, non-tech. nical evaluation of ~conomic thinking on the interactions between local land use and tax poli. des. The book raises provocative questions about the conventional wisdom in fiscal policy that will be of interest to economists and students con- cerned with urban development and local pub. lie finance, as well as to planners, policymakers and citizens. The ideas contained in this book were de- bated at the Taxation, Resources and Economic Development (TRED) conference held in Novem- ber 1995 at the Lincoln Institute, which provided financial and logistical support throughout the research and publication project. Ladd orga- nized the conference with Dick Netzer and Ben Chinitz,. both of whom also contributed to the book. In Part I, Ladd provides a comprehensive summary of the extensive literature on the rela- tionship between local land use and tax poli- cies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity, and the success of tax poli- cies to promote economic development. In Parts II and Ill, ten urban and public fi- nance economists present their research on land use and taxation issues. Some of the topics are the impact of growth on tax burdens, tax incre.- ment financing, metropolitan tax base sharing, the incidence of impact fees, and the experience with land value taxation in some urban areas. Helen F. Ladd is professor of public policy studies and economics in the Terry Sanford In~ stitute of Public Policy at Duke University. Dick Netzer is professor of economics and public ad- ministration in the Robert F. Wagner Graduate School of Public Service at New York University. 8en Chinitz, visiting professor of urban planning at Florida Atlantic University, is a faculty associ. ate and former research director of the Lincoln Institute. The book is copublished by Edward Elgar Publishing, Inc., Cheltenham, UK, with the Lin- coln Institute of Land Policy. It is part of the Edward Elgar series, Studies in Fiscal Federalism and State-Local Finance. The 264-page volume is available from the Lincoln Institute for S80, plus shipping and handling. Please use the Request Form on page 1 I or call 800/LAND-UsE (800/526-3873) to place your order. L Land Prices, Land Markets, and the Broader Economy Stephen K, Mayo The interactions between land and propert)' markets and the broader economy of cities and. na~ions are central ~o th: Lincoln Institute's concerns. Two key objectIves of our work In thiS area are (1) to raise awareness about the stakes of good land policy fOt creating wdl-functioning land and property markets and for improving the performance of financial markets, labor markets, the fiscal affairs oflocal and national governments, and ultimatdy the economic health of both cities and countries; and (2) to indicate the need for high quality data and an appropriate analytical frame- work to aid in understanding the importance of good land policy, monitoring the drem of land policies throughout the economy and facilitating policy reforms. In November 1997, the Lincoln Institute hold a conference on the theme of"Und Prices, Information Systems, and the Market for Und Information" to explore these issues. Land Values and Land Policy How important are the stakes of good land policy? Hee-Nam Jung of the Korean Research Institute for Human Settlements reported on the importance of land markers in the economies of five countries (su Table 1). The value of land in mature economies such as Canada, France and the United States ranged from about one-third to three-quaners of GNP during the mid-1980s, and rep- resented from 8 to 2 I percent of estimated national wealth. In rhe more rapidly growing economies of Japan and Korea, land values were from three to six times as high as GNP in the 1980s, and represented half or more of estimated national wealth. In the mature economies these figures illustrate the importance of land as a source of wealth, but in rapidly growing economies land has an even more significant role in determining economic welfare and a host of incentives for the economy's performance. In Japan, for ocample, booming land and propeny values during the I980s served as collateral to fund credit expansion throughout the economy and, indeed, throughout the world. Land prices in Japan's six largest cities increased dramarically from 1980 to 1991, at a compound rate of about 12 percent annually (su Figurt 1). By 1990, the estimated price of land being devdoped for residential purposes in Tokyo was estimated to be about $3,000 per square meter, compared to figures of roughly $110 in Toronto and Paris and $70 in WashingtOn, D. C. Between 1991 and 1996, however, Japanese land prices foil by nearly half, raking down the Japanese economy and a host of financial institutions in its wake. The cumulative losses of the Japanese banking system associated with the collapse of the property market and associated businesses are estimated at around $1 trillion, making the U.S. Savings and Loan "crisis' seem compara- tivdy insignificant. Analysis of Japanese land policy suggests some of the causes of the boom and bust cycle in land prices: policies that have severdy remiaed conversion of agricultural land to urban uses; an especially comploc land TABLE 1: Land Value and the Economy, mid-1980s Indicator France Canada USA Japan Korea Land Value ($billion) 172 256 2950 4540 484 Land Value/GNP 0.29 0.70 0.75 3.17 6.10 Land ValuelWealth 0.08 0.20 0.21 0.55 n.a. Sourct': Hl't'--Nam Jung. ~Land Pnct's. Land Marke~ and Lalld lnlormalion in Korea. 1963-1996. ~ p.20 LINCOLN INSTITUTE OF lAND POLICY 0 lAND LINES. MARCH 1998 developmem system that requires exception- ally long approval rimes; and a fisc.aJ sys- tem that places little emphasis on the taxation of/and and property values. Land prices in Korea also rose at a tremendous rate during the 19805 (over 16 percent annually from 1981 to 1991). Remarkably, in most years nominal capiral gains on Korean land were greater chan Korea's GNP. Jung explained that these gains had profound implications for the distriburion of wealth and income in Korea, and for economic incentives. Not surprisingly, the recent collapse of Korean property markets has had ridaJ effects throughout the economy. As in the case of Japan, the Korean land policy frame- work has been seen as highly quesrionable. . Government intervention in land and property markets over the y~ has been responsible for severely distorted markers chat represent a major structural imbalance in che Korean economy. Using Land Market Data for Policy Analysis Other speakers at the conference presented information on the importance of land market performance for a variety of stake- holders: consumers and caxpayers; land developers and builders of residential and non-residential properties: banks and finan- cial institutions: and both 10c.aJ and central governments. In the case of Cracow, Poland, Alain Bertaud from the World Bank indi- cated char policies embodied in master plans and zoning regulations were highly inconsistent with the nominal objectives of the regulations, and would lead ro ineffi- cient and costly spatial patterns within the city. His paper illustrared the value of having good dara on land prices, regularions and the spatial disrribution of the popularion in order to evaluate the effectS of policies involving land use, infrastructUre and property taxation, Paul Cheshire from Oberlin College and Stephen Sheppard from the London School of Economics illustrated how dara on land and housing prices and regulations can be used to evaluate the effecrs of gov- ernment policies such as the preservation of urban open space. Jean-Paul Blandinieres of the F=ch Ministry of Equipment, Trans- portation and Housing discussed an ambi- tious government program to establish .Urban Observatories" to collect and anal- yze information on land and property mar. kets and the effects of government policies. Data Collection on Land and Property Markets Recognition of the costs of land policy failures or, conversely, of the benefits asso- ciated with implementing good policies, has given rise co a number of sys- tematic efforts co collect and ana- lyze high quality data on land and property markets within various institutional settings. Pablo Trivelli discussed land and property information systems in Latin America that serve the needs of public and private stake- holders. Perhaps the moSt im- pressive of these is an effort in Brazil called EMBRAESP. which monitors key indicators of urban property market performance along with urban legislation,land regulations and major public works projecrs that might have an impact on the behavior of property markets. The distribu- tion of the information is self-sustaining through contractS with major newspaper chains, sales of periodic bulletins, disks containing standard data, and special ceporo responding co individual demands, as well as through the Internet. Another major data collection and analysis effore was reporred by David Dowall from the University of California- Berkeley. He developed the "Land Market Assessment," a tool for analysis of land and housing markets that has been applied in over 30 developing countries and transi- tional economies. At comparacively modest cost, data are collected through aerial photos and satellite images, surveys of land brokers, and secondary sources on population, infrastructure and regulatory frameworks. Dowall's analysis documents a number of generic policy findings, especially concern- ing the COSts of inappropriate land policies, and suggests that even more cost-effective versions of the tool can be developed that will illustrate the workings of/and markets and beneficial policy reforms. Romeo Sherko, David Stanfield and Malcolm Childress from the Land Tenure Center at the University of Wisconsin. Madison, addressed the issue of designing a strategy to create and disseminate land information in transitional economies, where information has historically been righcly held, thus frustrating both the evolu- tion of property markets and opportunities for policy analysis, Their conclusions regarding the role of the public and private sectors, the scope of data collection, and pricing and dissemination strategies help co explain why ir is so difficult to gather land market information, On the other FIGURE 1: Land Values In Japan's Six Largest Cities x ~ 70 ~ 60 ~ o so 3 40 110 100 90 so o '980 'S2 '84 '86 '88 '90 '92 '94 '96 Source:.INn Michel Paul and Robert Edelstein, "Are Japanese Lilnd Prices Based on Expectations?" p. 10. hand, their analysis suggests that the benefits of good land market information are considerable, Some of these benefits were illustrated by David Dale-Johnson from the University of Southern California and Jan Brzeski from Jagellonian Univer- sity, Cracow, who discussed efforo to document rapidly evolving market prices of property in Cracow and to inform property tax reform efforts, Samu Kurri, Seppo Laakso and Heikki Loikkanen of the Finnish Government Institute of Economic Research discussed the land price information system in Fin- land, suggesting that it is only now begin. ning to catch up with the needs of many different potential users of the data, These users include those concerned with imple- mentation of a new property tax and macro- economic and financial sector policymakers concerned with the interaction of the Fin- nish property marker and national econo- mic performance. Karl Case of Welles Icy College presented findings from a prelimi- nary analysis of 100 years of land prices in Boston, which was designed to highlight some of the methodological difficulties of measuring land prices in a way that facilitares policy analysis and reform. L Stephen K. Mayo is a unior ftllow olth, Lincoln Imtiruu, For inftnnation about fUtu~ confn?nC!s on th~u topics or for copi~s of th~ Novnnbno confnome( pap~rs, contact: stromz@lincolninst.~du LAND LINES. MARCH 1998 OLlNCOLN INSTITUTE OF LAND POLICY