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Home My WebLink About1998 10 07 Regular Item C CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327.1800 Community Development PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY AGENDA ITEM II.C. MEETING WITH BOB GUTHRIE, IMTERIM CITY ATTORNEY, TO REVIEW FINAL DRAFT OF THE BYLA WS/RULES OF PROCEDURE. Staff Report The Board, at its August 2nd meeting, discussed inviting the Interim City Attorney to the September meeting of the P & Z Board to review the draft BylawslRules of Procedure. NOTE: Please bring your copy of the last draft of the Bylaws/Rules of Procedure with you to the meeting. FOR YOUR INFORMATION c o P M L M / N G ONE R 5 N N 5 5 / A / NEWS & INFORMA'flON FOR CI')"IZEN PLANNI:RS Access Management PLANNING COMt-.'1ISS10NERS JOURNAl. I NUMBER 29 I WINTER 1998 FOR YOUR INFORMATION FROM THE EDITOR Taming Our Roads Too often it seems that our roads con- trol us - rather than the other way round. It's time for us LO tame our roads, and have them support our land USE: priorities. For better or worse we live in a country where roads and highways are everywhere. While it's a worthwhile goal to lessen our dependence on the automobile, we also need to deal with the reality that, ror the foreseeable future, cars will continue 10 provide the principal rorm or transportation for most of us. Given thiS, as planners we need to take steps to ensure that roadways minimize strip and sprawl development - and allow for a safe pedestrian environment. In this issue of the PC] you'll find a guide to "roadway access management" prepared by Beth Hurnstone and Julie Cam- poli. As you'll see, by better planning our arterials and highway corridors, we can end up with a land use pattern that more closely matches QUI community's goals. Speaking of roads, you'll also find inside part one of Edward McMahon's two-pan series on billboards. In this issue, McMahon lays out the case against billboards_ In the next PC], he'll provide steps your commu- nity.can take if it decides to do something about billboards_ Also in this issue is the debut of our News, Noles & Quotes column. Prepared by Dean Pierce, this column will provide updates on noteworthy planning-related developments from across the country. I encourage you to let Pierce know when your planning commission or department has done work that other citizen planners might find interesting. You can either write or e-mail Pierce, or use the convenient News, Notes & Quotes form available on our Planners Web site: www.plannersweb.coml nnq_hlml /)./~ Senville FEATURES a Access Management: An Overview & Guide for Roadway Corridors by Elizabeth Humsfone & Julie Campoli What can be done 1O break the cycle of incrcnscd congestion necessitating costly road widenings that result in increased traffic? Planning consul. tam Elizabeth Hurnstone and landscape architect Julie Campoli provide a guide to strategies that can help control the now of traffic between the road and surrounding land. m Video-Conference Training for Planning Commissioners by Kathleen McMahon Providing planning commission training is always a challenge. Time is limited and funds are often scarce. Video-conferencing offers an increasingly popular way of overcoming these obstacles. EEl Working With Planning Consultants -Part I by C. Gregory Dale, Planning consultant Greg Dale outlines t~n key elements to successfully getting started on a pro- ject that will involve consultants - in pan I of a three-part series. DEPARTMENTS EI The Effective Planning Commissioner Elaine Cogan considers three basic variations in the role planning commissions and commission- ers c<ln take. [Ill News, Notes & Quotes lmroducing a new PC) column covering news of interest to citizen planners. Dean Pierce reports on: dealing with violence in New Hampshire; paying more for sprawl in one California city; redesigning an Iowa highway; and morc. &II The Planning Commission At Work One of the major challenges facing most com- munities, and their planning boards, is how to explain planning and the planning process in terms citizens can understand. Mike Chandler looks at how "citizen planning academies" have helped two Virginia counties m Looking Around Billboards arc bad news for communities, argues columnist Edward McMahon. ~ Insights A checklist for making your planning commis. sian more effective, by plnnning director Bruce McClendon. PLANNING COMMISSIONERS r ~"., ::)s.'~:~r~.< "~.. . '.I,~':,',,:~::"~ .! t . ,'. '., . . :' {J.:,Y~~, .r: ,. ;;.~ .~\. '-::,.. '. . ~ChampIain;PI1iilDlng:Pres~;j-liic__ " "~"\' ...., '~,~. ,-' .... ,~., .~'r.'':'' ... ;+0,."' ,..~-..~..... .-.. 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Edito~ai'PolicjE,l&--:->~ ", _,'.1.' .~":i'),-?,i~ We~~rongly tncouragi:sUbscribe1tt~.contrib~~ neWs, informatinn, ond.idias_ A sta'iu1ardfonnfo~ sub~~~ns to the ~~~.~ Not~s sef(~n is ,cJy,a,iG able. Articles and columns containtd,in~thejounUd , , "~7 ','- '-, .....~ do not. necessarily reflect.the viewnjJthe jouiria1.; The Journal is copyright protecteiby.' 9tampipi~ Planning Press 1998. For perm~io.n.;~, rep~~ or.distrWure any portion oIthe)~rjuU,.~ntal;~')Ji#. EditDr. Th~ publication ~ designed tD''provide ciroi!; , . '~o<I! rate and authoritative information 9'~ the subj~~~ maUer covered. It is sold with the understanding that the publisher is not engaged in r~ring leia1~' accounting or other professional services. If legal or other expert assistance is required, the services ora competent proJessiorwl should be sought . I' I. i\ N N I N C (: () I\-t MIS S ION E R S .I () URN i\ L I N U M 1\ r: R 2 9 I WIN T E R I 9 9 8 ~m ._",..11;'1 THE EFFECTIVE I'LANNINC 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, fOT 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 ci tizens. One way of looking at the question is to ask whether you view your role pri- marilyas that of: (l) a defender of the sta- tus quo; (2) a citizen voice in the planning process; or (3) an advocate for planning principles or a particular plan- ning style? Assuming that most of you would answer you are "a little bit of this and a little bit 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 aboUl your basic philosophical underpinnings. Is your planning commission a defender of the status quo? Are you reluctant to break new ground or consid- er new ideas? You can judge if this "shoe fits" if you view your role as aclminister- ing the community's zoning code -leav- ing policy matters (including changes in land use policy) to others. Such commis- sions often serve principally as develop- ment review boards, concentrating their time and energy to review how projects confonn to existing zoning standards. Is your planning commission pri~ marily a voice for citizens in your com- munity? Planning commissions that see themselves in this role tend to believe that any rules or regulations that may impede access or services for citizens can and should be changed. Within this by Elaine Cogan context, planning board meetings arc likely to be prolongecl affairs where citi- zens and commissioners have carle 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 mdividual who has lived in the com- munity all his life but is now a controver- sial developer lose his "citizen status" to newcomers who represent today's politi- cally correct neighborhood or environ- mental interests? Is your planning commission pri- marily an advocacy group? Of the three. this implies the most active role for a planning board_ As advocates, commis- sioners make tough 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. At 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 - 3re well known in the community. Which of these most accurately defines your commission's situation? If you are a defender of the status quo. arc you confident that your current zon- ing regulations and plan policies ade- quately meet your community's needs for the future? As a citizen voice, do you try to find out how most people might be affected by matters before you and take that into con- sideration as you make decisions? Or as an advocate, 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 combination 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 finn oj Cogan Owens Cogan, is a consultant to many communities under- taking strategic planning or visioning processes, Her column appears in each issue oj the PC]. , :~-~':i' f:' "'~< . . _ _-J:~::. ~t~~t; ""-"!""":=..., ',~.-:;"~,,, .- ~ ":'~-" ~ /{; ...-:t., .,."," " Thanks ! Our thanks to the following participants on our on-line editorial review board for com- menting on articles appearing in [his issue: John Allen, Mark Aumen, Rober! L Beardsley, Peler Buchsbaum, Jeanette Carr, Thomas C. Dow, Carl Kohn, Ann English, Larry Fredlund, Wendy Grey, Doug Hageman, Joel L. Huebner, Dean Johnson, Lee A. Krohn. Wayne Lemmon, King Leonard. Jeff Levine, Bob Makena, Dee McGee, Marlha Morss, Gene Moser, Todd Nalion, Joanne Pelerson, Suzanne Rllees, Martin Sanchez. Barbara Sweef, Cassandra Thomas. Lindsley WilIiams,Jim Yarbrough. If you would like to assist liS by reviewing draft articles, complete the sign up form at our Web site: www.plannenweb.com/guesl.hfllll PLANNING COt--.Ii\lISSIONERS JOURNAL I NUMBER 29/ WINTER 1998 D FEATURE Access Management: An Overview Ae 1960s and 1970s were a ~'~ period of road building in the United States. lnterstate highways were constructed, major arteri- al highways were improved, and new roads were developed to provide access to vast, undeveloped lands. With these improvements more commercial devel- opment appeared outside of urban and village centers, particularly along major highways and at interchanges. With time. vacant lands between the commer- cial uses filled in. Individual curb cuts for each business lined the highway. Traffic increased. Congestion began to cause delays for drivers. People found it diffi- cult to enter or leave businesses or homes along the road. The number of accidents grew. State and local officials widened roads to handle more cars. Before long there were traffic signals. left turn lanes, and four, six, and even eight travel lanes. Figures 1-5 Below- Evolution of development along a highway. In the early slages, land along the road is usedfor farming with lillle traffic generat~ ed. As time passes, the highway corndar becomes a de facto growth art~a Additional businesses demand curb cuts which increase congestion, which results in a wider road and more turning lanes. by Elizabeth HumsWne & Julie Campoli. What can be done to break this cycle of increased congestion necessitating costly road widenings which result in increased traffic? While there is no single solution, one important - and increas- ingly used - strategy involves what is called "access management." WHAT IS ACCESS MANAGEMENT? Access management is the planning, design, and implementation of land use and transportation strategies that control the flow of traffic between the road and surrounding land. Access management can bring significant benefits to the com- munity, such as: . Postponing or preventing costly high- way improvements . Improving safety conditions along highwa IS 2 3 . Reducing congestion and delays . Providing property owners with safe access to highways . Promoting desirable land use patterns . Making pedestrian and bicycle travel safer THE LAND USE - TRANSPORTATION CONNECTION In order to understand the role of access management, it is critical to keep in mind the close connection between land use and transportation. Highways provide access to land which enables the development of that land. Land uses gen- erate vehicle, pedestrian, bicycle, and transit trips. In order to manage traffic along a highway, both land use and trans- portation strategies are necessary. To manage one without the other will result in congestion, deterioration of the high- way corridor, and resident, business, and landowner dissatisfaction. Not all highways influence land development in the same way. For exam- ple, interchanges attract industries and warehouses, whereas local streets pose problems for these uses due to weight limits, neighborhood conflicts, and limit- ed maneuvering space. ... ... farm buildings . houses motel S ~ . .. ... f'LANNINC COMt\1ISS10NERS JOlJRN/\L I NUMB[n 29 I \V1NTr:n 19l)H ~~'''' ~t;i< ~ir~ Highway systems can he barriers or connectors between land uses. For exam- ple, interstates bisect communities and limit their interconnection to a few underpasses, overpasses, or exits. Alter- natively, local street networks connect destinations within communities. Traffic congestion and delays affect the desirability of doing business along parts of a highway corridor. Improve- ments designed 1O ease congestion often attract more traffic requiring morc improvements in the future. Increased highway capacity may result in the spread of development to peripheral areas, leaving vacant and ahandoned areas behind. Traffic volumes and choices of mode of travel are influenced by the loca- tion, denSity and mixture of land uses. Communities that separate land uses reinforce driving as the mode of choice. Low denSity land uses also encourage driving and require longer traitel times. More people walk in compact, mixed use cen ters. The layout and design of land uses can affect the choice of mode of travel. Low density commercial and residential developments, often with big road set- backs, large lots, and low density, can discourage walking and bicycling. Build- ings set far apart by vast parking areas, liberal landscaping and wide access roads discourage walking between uses. Con- nected sidewalks, attractive walking environments, and pedestrian crosswalks 4 in compact settlements encourage more walking trips. Land use planning and access man- agement need. to work together. When communities plan for the future, they should be aware of how their land use plans will affect the levels of traffic, appearance, and points of congestion on highways. CORRIDOR PLANNING The focus of the "Access Manage- ment Guide" which follows is on how access management strategies can be integrated into the planning and design of major roadway corridors. Note the word corridor. It is important in thinking about roadways to consider not just the physical right-of-way, but also the area along the roadway. By looking at the entire corridor, a community can evalu- ate the traffic conditions, land use condi- tions, and historic, scenic, and environmental features; identify future problem areas; and make broad recom- mendations for the area. Corridor planning is most often undertaken with the assistance of a regional or county planning commission because many arterial and collector cor- ridors serve regional transportation needs. If a corridor plan is being devel- oped for a regional arterial highway, all communities along the highway will need to participate in the planning process. Corridor planning requires broad Planning Policies That Assist Access Management 1. Focus development in villages, urban centers or other growth centers. 2. Provide for mixed uses and higher densities than surround- ing areas in these growth cen ters. 3. Do not plan narrow, commercial strips along highways. 4. Redesign existing strip develop- ment areas. 5. Limit development along arteri- al highways in rural settings. 6. Plan for a community street network. 7. Require master planning for large tracts of land. S. Plan and design transportation improvements that fit with community character. public particIpation. Local officials, regional or county planning representa- tives, property owners, businesses, and residents along the corridor, citizens. and representatives from the state transporta- tion agency should be included. All of these people will be affected by the corri- dor plan and. therefore, must help estab- lish the plan. + .. .. .. , . ";' ~ ~ ~ ~ . ~ . .. .. ~:-- .. P L t\ N N I N G C 0 t>.\ MISS ION E R 5 J 0 URN A L I N U 1>\ B E R 2 9 I \V I N T E R 1 9 9 8 n FEATURE Access Management: A Guide for Roadway Corridors Land Use Strategies Set development bonndaries along a corridor Avoid zoning that allows for a com- mercial strip along the length of the road- way. Existing strip development corridors may be defined in order to focus attention on remedies to existing conditions. However, these areas should not be designated to enable a continua- tion of bad practices that are causing congestion and decline in the character of the area. Look for areas that can be zoned to serve as compact centers for develop- ment, such as existing village or urban centers or major road inter- sections. Check your muni- cipal plan before defining these areas. The boundaries of scenic corridors are often defined by land that is most 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 that can be seen from the road. A corridor in a gorge will include the steep slopes up to the height of land that is visible. Locate important historic, scenic, and environmen tal resour- ces along a corridor In order to implement land use strategies that protect these resources, the corridor management plan should clearly identify where they are located. In. fact, this is typically required as part of federal or state agency review of major roadway projects. by Elizabeth Hums!one & Julie Campoli Define appropriate land uses Along rural stretches of road, limit uses to agriculture, forestry, outdoor recreation, conservation, and low density housing or compatible activities. Allow and encourage cluster residential devel- opment. Consultation with your mu- nicipal or county attorney is important to ensure that any proposed land use restrictions will not result in the "taking" of property requiring compen- sation. In compact centers, provide for a bal- ance of jobs, housing, and civic activities. Limit the scale of development to what is appropriate for your community. Define standards for development - lot size, density, setbacks Compact centers along a highway should have smaller lots and higher den- sity than surrounding areas. In existing 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 that would be most compatible with the character of the area and that 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- opment along a high- way except in planned centers. Access to arterial or collector highways should be restricted 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 though cluster development. Dead end streets, cul-de-sacs. and large "walled" developments should gen- erally be avoided because they reduce access and contribute to congestion. Avoid commercial strip zoning. Looh for areas to serve as compact centers for development Along undeveloped corridors, limit the scale and denSity of buildings. Isolat- ed, large-scale and dense projects can create safety and congestion problems along otherwise smoothly functioning arterial highways. I' LAN N I N G C 0 ,\1 :-'1 I S S ION [ R S J 0 URN A L I N U ,\1 fl E R 2 l) I \V I N T E R 1 l) I) H n Curb Cuts, Driveways & Parking I... limit 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 alternative 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 af the back oj lots. of a parcel. Look for opportunities to share access among properties. Separate curb cuts and intersections Establish minimum distances be- tween cliTh cuts and between curb cuts and public street intersections. Plan for new street network Map new secondary streets on which driveways can be reloca ted. Place pro- posed streets on an official map and plan for construction in a capital budget and program. Align driveways 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 driveways 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 Consolidate parking lots and drive- ways to minimize paved areas. Plan for future 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- ~owns and village centers where speeds are low. Plan for public parking Plan for municipal parking areas and Locale parking areas behind buildings. on-street parking in city and village centers to reduce on-site parking and encourage more compact development. Require pedestrian aud bicycle con- nections Require sidewalks and other connec- ti<?ns 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 transit stops and buildings. colllillucd Oil page 8 PLANNING COMMISSIONERS JOURNAL / NUMBER 29/ W1NTER 199B D ...A Guide for Roadway Corridors (Olllilllled from page 7 Site Development Strategies The design of individual sites directly affects the success of access management along a corridor. Through site plan review and subdivision controls, a com- munity can ensure that the subdivision and development of parcds are meeting its access management goals. Viewing the Whole Parcel In reviewing site development plans, look at the entire parcel rather than sim- ply the particular project. If the parcel has frontage on a secondary road, access points should occur there and not on a major arterial or heavily-traveled collec- lOr. The lay-out of parking and loading areas, and vehicular, bike, and pedestrian circulation patterns should be undertak- en with the corridor plan in mind. Ser- vice roads, pedestrian links, shared parking areas, and other inter-parcel site components identified in the corridor plan should be implemented during site plan or subdivision review. '\~:'" ',,0.;= ~::-,:,;: ",>;~~~.!r,"" Accc.~s poinls should be jrom secondmy fOnds, IIof frotlllllajor arterials. Lot Layout . Subdivide parcels into lots that do not require direct access to the road. . Provide access through a shared dri- veway or new street ,.... '" '4'.,' Parking Lot loca- tion and Design . Site commercial buildings close to the road with park- ing areas in the rear. . Make provisions at the back oflots for secondary roads or parking areas that connect to other parcels. . Require shared parking. . Plan for future shared parking by requiring reserved rights-of-way and re- ciprocal easements. . Prohibit parking and loading that requires backing out onto the road except in downtowns and village centers where Limillhe number oj access points speeds are low. . Use landscaping 10 establish visual and physical boundaries between park- ing lots and roads. Driveway Location and Design . Restrict the number of curb cuts 10 one entrance and exit drive. . Where excessive access exists, install curbing to limit access to one or two locations upon applications for expansions, redevelopments, or change of use. . Require shared driveways between two parcels, at the properly line. . Provide adequate driveway length. Driveways should be long enough to allow adequate space for vehieles pulling off the road and stacking 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 cut should be at least eleven times the speed limit. . Alignment of highway at curb cut. Curb cuts located on sharp hills should be prevented. Driveway 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- velopments 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. I NUi\IBER lL) I WINTER ]L)lJH ~ Reduce excessive curb cuts and define boundaries . In downtown locations or between destinations where pedestrian activity is heavy, provide safe crossing opportuni- ties through bump-outs or median refuges. . Set sidewalks back from the road. Require on street parking or landscaping 10 create a buffer between sidewalks and moving traffic. . Service roads and driveways should have limited widths and curb radii to contribute to a low speed envi- ronment (10-15 mph). . Minimize pedestrian - vehicular conflict points in the orientation and configuration of parking areas and the location of driveways. . Provide bi ke racl<s and storage areas near entrances lO public buildings, including civic, commercial, and indus- trial buildings. . Elizabeth Humstone is principal oj Humstone Associates in Burlington, Vermont. HUnls/one has worked on a wide range of planning studies and pro- jects. She is also Chair oj the State of Vermonts Housing & Conservation Trost Fund Board. lr , .~~~ :~ }si:,.': "....~~,\., -t-., \.. .:-;;r l.::-,.~".~ ,~.'" ,~..,." :-;;::' ~~)l) 'j .~ ...... -.l::::i.:':':...,.' , I.; ~ ""{t~.J .. - ,.;tf:.. I" f :.},,,,,,' / , .'~.. ' f;l, "~ I '. Ii I" 1 ~ \ I' ,I,,~\~:,,-' ~1, -_:iJ~-:j;. . \1.\1 f~tif.- 111 ,. "-5H~ , Julie Campoli is a landscape architect and principal oj Urban Design & Landscape Architec- ture, based ill Burlingtoll. Campoli is a/so a member oj the Burlington Public WOrllS Commission. Material jrom this article was derived jroll1 rhe authors "Access Management Guidebooh" prepared in 1996jor the Norlll\\'esl Regiollal Planning Comlllissioll III SI. A/bcl/1s, Vennonl. J)" Turning Traffic , . .' : ., '\ ~;t~f~.f~.?,~m?d~ti.~n of tum- . . , :. '. ingtrilffic should be based on . -..' .'i-'"'.,-. ;..~.~': ..'...,'~,..,'. ""l' . _' , l' ilieJn:a.ffici..o}iiIll~;: c~p~city, and character , .- ,.~", ... '~ "I ~....'<f,""1 ~;, ,~).t'l .~.\~,..- .,.~ .... .' .. ' . . :.~:';:'~f~t!i~!O~Hj;Y~y'j~g~!h~'~leeps,o~ oth~r ..:" _ '. .,'Irlc;deS of.trnvel;~including'pedestrians< :,~,:; :'"~; .~ , "';...;....'1 ,',l,}"') 1 ,....."".",,- ~ '..." I' ~ ; ,,\ " ,.... , 'i i 'ana~bi~cles'. 'Eowiolume roads with no:- ~~:" , .~,';?'C;",;~lj....:>~>.~~\::-t';"::;f"k ",' ".',,,~ : ~:/ .; , ^-" major:congestlOn or safety problems may, " ';. '.0 .t"i;:'it,;r:tr~}~";'V'w1!.'C';'.ii"""-":":;'il';'>; ',~"" ,.;..'~, ~./>,,:..:: '-'J \r.f~;Jlnot;neemla tummgJanes. Widemng of" ~'~. 'r"~'f' : ~ .l,'Ji' .;~m;~"" ;~t"~"""" '''(..'''", ";;.J.' ~,,~ .;~,..' ", ~~.. ~e ic;roadS~an(rvina~fe'streets to{'r. '~~:N~~: f,,"'J~.t .~}f4'..,l;'}J",' 'I\.:.r':'l~:";.l'd' "Ii!.';:' . (>',~:~ : ,W:{~' -...~ I;~~~' um.tngfmovements COll , arm I~ ';}' ~.. I~l.'f-S ~~"':;,:'t~'t,~. '~~;.;IY{.':',~_,I..?::i;r,~,;", . ' ',""'~ teLo!. ilieseJoutes;;J';/ri-',:(,'!i" '1~~t.~~~€<<";1': ~ '" ;wJ'!~~Y,~~l "'~')c""'~:"J':-:;;,,,' - ":f-.;~.',;l"~''''--: qQiJ:j9i1.\Qf1tUtitiPg\liI}~ f~.~~,a~<r:_~r.t/~ ~~!1,~w/,~"'~'J."'d'ffi" ~'! ...~~I,.::;},q"._, m~more 1 cult',:1'.~~ t: ~0{i'::cll:.a~~"'],''-~t.~' ,;.r?l~roi.~':;"I'" cts WlUl U c::yc es:J~",peCla 'tel ~"',r 'i.Jl"Yli!'.i:'5;:~~~''!f.,'iiiJj.,;~';ii~.._<'~~>:If ~~J.1N ,0 'tunung\movem~n .. 4 'I' :",:.~, ..._''''-'..~.J.o.''-~ tJ1'" 'I . "'a"l"-'!ECtCHrf]" "~ 1m"'" <1u<UllCl w.. "\ ~.r.;;"~'~~''''''ffi"'''> . ., "'.','MtW'li"'"'''''' t1i""'. -" ue"we gqgRttD e" 'r" '. ',,.'" ;IN,,.r,?;:' ,,\( '!I .-or;1,. ,. -. .~ . ~," P LAN N I N G C 0 "-1 M [ S S ION E R S J 0 URN A L NUi\II3ER 29~~"'( V'!I'NTER 1998 .L'.'.'.... o f:,,; r..~ i':;;",' . ... " , ~,.~~ _:\~Psilir ~~M@Si, ~ f:..;.,,,, ,,$}lhiri1D' ',I?attxo~ e , ' ~; 'iJ!3i\r \:t;~ ,.~~~\~~~J ~I ")1j\;i'iI. "r :; """pldve' "SemiliJ1~i',1,o ~red, ";!.~.," _1~ . ~,')::IHiif:-_ . . '!;;a>~ .:"in his co. ressei:i,ISSUEcn,as,. ". . '" . 0""r"'\i-~:' :I1j',.,.rt:B:,.t~., .~,,~~;-:,~~~,,_ .:;-:cerned. .I?rega~.is,\@io , .' oX'~p~~~.tt~p:,lanpi~&r a~d~~~~~.:', t ~, -':"~ ::';~~~t;~.";":""$~ "..",+,., k_.,.,I;'S!!i<".. .)... :c.."ftP' :( ~ : have had~'zonmg::.rela~i:Lco,,(., ~nagem~ntJ' .tt,a_~egles,lo~~~'-1"V~ . 'flicts witli"o,''li.'firililii~[.-~~,~i~;~:n~'~~pte\!en#ti!i~ vidl[~~_'in~!~ci~;~ ,'~~1' ,. ,\: 'y;'\l. ',. ',..h'~-"~~~J..,jj\"",~> r'~;I~''9.'''t,': . r'hi .:-~. "l:'t"~~/.~. d'bo~ ''".d ,,J.ll~ Colebroo~;.aS'~~.n;~_:in~p~'..;:;;~:~~\\"__J~c ng.~mp oye~~,an . ~r ;,;" . New Hampslil~e. 'Mea'riwliil~,: '.~. .c.';n:i'embers to recog*e predic- city officia~'iri Lebanon,ZNi.\.J'.,I'- .:tors of violent behavior (since Hampshire, are conte~plating . identifying a potentially vio- a ban on guns in city btiiidih.gs lent situation ahead of time and installation of a "'partic may reduce its likelihood) and button" following a local resi- changing workplace design dent's recent threats 1O dupli- (implementing certain design cate the actions of Drega. features can also help mini- N. Scott Weden, a Loss Pre,. mize workplace violence). vention Manager with the New According to Weden, predic- Hampshire Municipal Associa- tors of public workplace vio- tion (NHMA), reports that lence vary, although many acts incidents involving violence or of violence stem from domes- threats of violence against tie disputes or disagreements public officials have been a regarding the use or taxation "'genuine concern of munici- of property. Weden adds that palitiesn in New Hampshire in recommended workplace recent months. design modifications include In response to this concern, changing noor plans so that the NHMA is carrying out per. they minimize the chance haps the most comprehensive employees will become program of its type in rhe entrapped (except for safe country. The first pan of the rooms), increasing lighting, program focuses on training and removing items that could officials how LO diffuse paten.. be used as weapons. tially threatening situations . The NMHA program also through better listening and provides. for the loaning of improved customer service. video and printcd materials on The second pan provides prevcnting violence in the training in a range of conflict workplace. In addition. all-site '\'. .,,< , L3ncaster, California, is gain- ing national attention for its innovative "'anti-sprawln impact fee system. Known as the Urban Structure Program, or USp, the system encourages concentrated growth by levy- ing higher charges for new development located outside core service areas. Such charges reflect the fact that this development costs the public more 1O serve due to the addi. tional distance thar must be traveled by police cruisers, street sweepers, ete. Located approximately 60 miles north of Los Angeles, Lancaster adopted the US? in 1993. The system was put in place following a period of rapid residential growth that placed considerable strain on the City. According to USP coordina- ror David Ledbettcr. imple- mentation of the program has gone smoothl}'. Ledbetter .!' .' Iowa ParkWay . ,'-:> Redesigned with Commission Input A highway expansion project once described as a "'cold, gray Octopus" has been scaled back in response to public opposi- tion and sharp criticism from the Des Moines, Iowa, Plan and Zoning Commission. City Council approval of the redesigned project in lateJune capped a six-month debate over project aesthetics, high- way engineering standards, and the current and future development potential of the area. The original design for the project, which is to be located along the southern gateway to the City, called for elevating significant portions of the parkway and constructing a high spccd cloverleaf.style inlerchange. Critics of the plan mainwincd that the proposed P L i\ N N ] N GeL) tv! [vIIS S ION I: ]{ S J 0 U R r\ :\ t. / :\" U i\1 B E H 1 ') / ". 1 N T E J{ 1 \} 9 H m Value Placed on Mother Nature's Services According to a team of ecolo- gists and economists spon- sored by the National Center for Ecological Analysis and Synthesis (NCEAS), the value of services provided by the world's ecosystem averages $33 trillion (U.s.) annually. This figure, which is consider- ably higher than the currently estimated global gross eco- nomic product, "must be con- sidered a minimum estimate," the team writes in the May 15th issue of [he journal Nature. In conducting its analysis, the NCEAS team estimated the ":'~! }ii~ '"i ~t~: ';<' Dean Pierce, a land use and trans. portation planner, is the past President oj the Vermont Planners Association. Comments and sug- gestions for inclusion in future columns are welcomed, Pierce can be reached at: 6 North Street, Middlebury, VT 05753, or via e-mail, at: deanpicrce@Usa.net, PLANNING COMMISSIONERS JOURNAL I NUMBER 29 I WINTER 1998 !mil FEATURE Video-Conference Training for Planning Commissioners +at do Captain Kirk, George Jetson, and the Sheridan, Wyo- ming, Planning Commission have in common? All have used two way video-conferencing technologies to inter- act with colleagues at remote locations, Providing planning commission training is always a challenge. Often training is limited to digesting a stack of. planning documents before being served to a room full of angry citizens. Staff, overwhelmed with agenda items, has lit- tle time to conduct training. While state and national planning workshops are available, funds for planning commis- sioner travel arc scarce, Video-con ferenc- . ing offers an option to overcome these obstacles. Although 477 miles separate the Wyoming towns of Sheridan and Evanston, video-conferencing enabled citizen planners from bo th communities (and several more) to receive training from two of the top land use attorneys in the country - without leaving town. For most participants, this opportunity would not have been possible without the cost sharing benefits and conve- nience offered by the video-conference format. Video-conferencing allows training to be broadcast from one site lO one or more other sites. Participants at remote sites watch the broadcast over a television monitor. They can use a microphone to ask questions of the trai ner. The trainer at the originating site, as well as individ- ual participants at any of the sites, can see and interact with whoever is asking the question. The Wyoming planning commissioner video-conference men- tioned above, involved citizen planners participating interactively from eigh't separate sites located across the state, By broadcasting to multiple sites, video-conferencing maximizes training by Kathleen McMahon, AICP Editor's Note: Educating citizens and commissioners about planning issues is vital. In this article, Kathleen McMahon will famil- iarize you with how video-conferencing tech- nology offers an effective, relatively low-cost approach to training. After you read Kath- leen McMahon~ article, tahe a looh at Mihe Chandler~ column (on page 14). Chandler focuses on another relatively new approach to training: the citizen planning academy. resources, Multiple agencies can share the cost of speaker fees and equipment rental. Bringing a nationally renowned speaker would be cost prohibitive for most communities. Video technology makes training affordable. The cost to rent the equipment for the Wyoming planning commissioner video-conference averaged $10 for each participant. For a traditional conference, mileage costs alone may range from $50 to $200 per person. Add in the savings in travel time and possible overnight accommodations and the cost advan- tages of video-conferencing become more evident. Eliminating traveltime and costs allows more commissioners to take advantage of a single training cvenl. Additionally, the workshop can easily be taped for use in training of future com- missioners. ORGANtZING A VIDEO-CONFERENCE Organizing a video-conference is not difficult, though a minimum of three to six months lead-time will probably be necessary It is advisable first to contact planning agencies to assess their interest in participating in the training. There should be an ample number of agencies to share costs. A preliminary budget will indicate if the training is affordable for most agencies. The two main costs typically are for equipment rental and speaker fees. Most video-conference equipment is rented on an hourly basis plus a charge for each site participating in the conference. In order to make the training more affordable, communities may want to find a sponsor for the conference to underwrite some of the costs. Wyoming planning commissioners had the following tips for a successful video-conference: . Distribute handouts in advance so all sites can follow along with the trainer. . Begin the conference with a roll call of each remote site. Check to make sure all sites are on-line and all equipment is functioning, . Take time to explain the operation of the confefence, This is important since video-conferencing will be new to most participants. Explain how to ask ques- tions, when breaks will occur, and what to do in event of equipment failure. Make sure everyone has phone numbers for the broadcast site and remote sites. . It is more difficult to maintain audi- ence interest at femote sites whefe the speaker is not physically present. Involve all sites by allowing for questions and interaction at fegular intervals. . Another way to maintain interest is to alternate between speakers for long presentations, and to make use of over- heads. Overheads that are broadcast need to be relatively simple. A few lines of text PLANNING COMMISSIONERS JOURNAL I NUMBEI~ 29 I WINTER t99H m and large type <ire recommended lo make the information read<ible. . A few extended hreaks are better than frequent short breaks. Frequent breaks consume too much time getting participants seated and ready to resume the workshop. . Due to heavy demand and charges for the equipment, video-conferences follow a rigid schedule. The workshop will probably not be able to extend past the scheduled time. Maintain a strict timetable and allow plenty of time for questions. . Provide evaluation forms so partic- ipants can provide suggestions for suc- cessful future conferences, SUMMING Up: In the past, planning commissioner training may have seemed a luxury. Today, video-conferencing technology has made high quality training an affordable option for planning commis- sions across the country. . Kathleen McMahon, AlCp, has worked as a planner for 15 years, having o-rganized and con- ducted numerous work- shops, using both tradi- tional and video deliv- ery techniques, McMahon would be pleased lo pro- vide you with more infonnalion abOUllechnology applications for planning including commissioner video training, multi-media zoning regulations, and telecommunications planning, You can reach her at: Applied Communication Concepts, 2732 Evergreen. Great Falls. MT 59404; tel: 406-452- 9780; e-mail: kmcmahon@@initco.net. Video Testimony in Santa Barbara County PLANNING COMMISSIONERS JOURNAL Planners Web CIleck 0'" O"F: SPRAWl. RESOURCE GUIDI' . PlANNING !.INKS DIRECTORY . PlANNERS RFP-RfQ CENTER' fUll INDEX TO TIlE PC] . "SITE-VISITS" (1m' "GRO\VING PAINS" COLUMNS. PLANNING VlE\VPOINT ARTICLES _.. ami mud! more, '~'I;"~~ ' .:,. PLANNING CO~IMISSIONERS JOURNAL I NUMBER 29/ WINTER 1998 m THE PLANNING COMMISSION AT WORK Citizen Planning Academies Aginia law requires each ~~ty within the state to pre- pare and adopt a comprehensive or master plan, Despite the mandate to plan, the Virginia Code is silent as to what localities should do to help citizens under- stand planning and the planning process. Indeed, the Code is void of any reference, requirement, or suggestion that would help Virginians understand the complexities associated with comprehensive community planning. A check of your state. planning enabling law will likely yield a similar result. One of the major challenges facing most communities, and their planning boards, is how to explain planning and the planning process in terms citizens can understand. Each OClOber, Virginia Tech co-spon- sors a three-day training institute for plan- ning commissioners. During the 1995 program, we featured a session entitled "Does Virginia Need a Citizen's Planning Academy?" Our goal was to describe a way of allowing citizens to lean1 about planning in a non-threatening environment (Le., outside the context of a heated public hear- On-Line . Comments "In Tallahassee, proposed plan amendments to expand the size of our Urban Services Area, and several bitterly fought, but unsuccessful, appeals of development approvals by neighborhood groups kd a former Plan- ning Commissioner to initiate a citizen planning class. Kathy Archibald, on her own initiative, worked with staff to put together a syllabus. She advertised the class and was overwhelmed by the response. She ultimately capped the class at about 40. She provided each cit- izen with their own copy of the Plan. by Michael Chandler ing), Two county planning commissions took up the challenge and, in the fall of 1996, sponsored citizen planning acade- mies (CPAs). The balance of this article will highlight the approaches taken by King George County and Hanover County in developing their CPAs (which I was fortunate to have been able to assist with). I hope this will give you some "food for thought" about the use of CPAs as one approach 10 educating and involving members of the public in community planning. KING GEORGE COUNTY King George County is located in the predominantly rural, northern neck region of Virginia. The Potomac River bounds the county on the north and the Rappahan- nock on the south. The county lies close to some of Virginia's most rapidly growing areas, The King George County Planning Commission sponsored the Citizen Plan- ning Academy, receiving technical assis. tance from the RADCO Planning District Commission and from Virginia Tech, One of the county planning commissions prin- cipal reasons for sponsoring the CPA was The class met every other week, for almost 5 months. About 25 people stuck with the whole course, which covered most aspects of our Comp Plan in detail. A number of the graduates are actively involved in the current round of plan amendments, which included a number of significant text amendments proposed by the Chamber of Com- merce. We are going to do a modified class in 1998, run by the Planning Department, more on a monthly sched- ule." - Wendy Grey. Planning Direclot; lal'a/wsser-Leon Counly, Florida to interest citizens in the comprehensive plan revision process scheduled to begin in early 1997. The county planning commission advertised the CPA in the local newspaper and also mailed a brochure describing the program to people who had previously completed a county land use issues and opportunities survcy (the sUlVey was con- ducted as a prelude to the comprehensive plan revision process). The CPA featured four sessions, all held at the centrally located King George Coun- ty High School. Each session was open to the public and free of charge. Sessions were in the evening, and lasted approximately two and one-half hours apiece. The first session, which attracted sixty persons, focused on land use planning. Topics included the basics of planning, how the planning process works, plan- ning's legal foundation, and the tools of planning. Faculty from Virginia Tech, joined by a private consultant, presented the material. Session #2 examined the players and issues in planning, Speakers included mem- bers of the county planning commission, governing body, board of zoning appeals, and planning staff. Each described what they did and how they influenced the coun- ty planning process. Approximately forty person attended sessions #2 through 4. Sessions #3 and 4 shifted from a pre- dominantly lecture mode to one of group interaction, During session #3 participants were assigned to groups and challenged to discuss and critique the planning issues currently facing and likely to face King George County. Session #4 focused on the future. Once again, participants were assigned 10 groups. This time each of the six groups was asked to color a county base map depicting their preferred future coun- ty land usc pattern, using a common set of land usc categories. The maps wcre then posted and comparisons made. Strikingly, the six maps agreed on approximatcly ninety perccnt of thc issues. This surprised PLANNING COMl\.IISSIONERS JOURNAL I NUMUEn 29 I WINTER 199fl lI'rI/l many parlicipams because persons per- ceived as "tree lovers" found they wanted many of the same things as developers. and vice versa. Parricipanrs gave vcry positive evalua- tions at the end of the CPA. More impor- tantly, the King George Coumy Planning Commission was successful in securing cit- izens willing to serve on a citizen's task force to help rewrite the county's compre- hensive plan. HANOVER COUNTY Hanover County is located immediate- ly north of Henrico County and Richmond. It includes a range of urban, suburban, and rural areas. Over the past twenty years it has experienced tremendous growth pres- sure from the Richmond metropolitan area. The Hanover County Planning Com- mission and Planning Department spon- sored the Citizen Planning Academy, with assistance from Virginia Tech. Hanover County's reason for sponsoring the CPA centered on a desire to enable county resi- dents to learn more about the planning process and planning issues. The planning commission also felt that by building inter- est in planning, more citizens might choose to get actively involved in future county planning activities and studies, In contrast 10 the King George CPA, persons interested in attending the Hanover County CPA had to apply To keep things manageable, a decision was made to limit attendance to thirty people, As a con- dition of acceptance, each participant agreed to attend all five sessions and com- plete all homework assignments. Remark- ably, only two persons missed a session - and everyone did their homework! The Hanover academy was offered in the evening during the workweek. Each session lasted three hours, and each was held in a different part of the county. Plan- ning staff suggested this approach to help emphasize to participants both the need for a countywide perspective and the range of planning issues facing the counly. As a prelude to the first session, each participant received a copy of the county land use plan. Much like at the King George academy, the first session focused on the basics of planning, and included a review of the planning process, back- ground on the history of planning in the county, and a discussion of presem day Citizen Planning Academy Comparisons King George County Four sessions~ 10 hours tOlal Open enrollment All sessions held at high school Sessions at two week intervals No cost to panicipants Attendance voluntaty Handouts provided at each session No assigned homework Lecture and .~roup format Refreshments provided Media covered all four sessions Participants evaluated sessions Hanover County Five sessions; 15 hours total Applications required Sessions held at different locations Sessions at two week intervals $30 enrollment fee Attendance required Notebook given each participant; plus handouts at each session Assigned homework Lecture and group format Refreshments provided, plus graduation dinner Media covered final session Participants evaluated sessions For more information, contact: Charles Sakowicz, County Planning DireClOr: 540-775-7111 For more information. contact: Michael Crescenzo, Deputy County Planning Director: 804-730-6171 planning challenges. During the second session the Hanover County attorney reviewed planning's legal foundations, after which a private consul- tant and faculty from Virginia Tech dis- cussed basic planning tools, such as zoning and subdivision regulation. Session #3 introduced the class to some of the participants in the planning process. County planning staff, members of the planning commission and goveming body, and others described their role in the plan- ning process. Much like the King George CPA, the last two sessions of the Hanover County CPA shifted from a lecture to group partic- ipation format. During these sessions each group was asked to develop a list of plan- ning issues likely 10 face the county over the next ten years. and then to work on a future land use. As in King George County, the Hanover County participants then compared their maps (and, again, found many similarities). Session #5 also focused on the role visioning and thinking creative- ly can play in the planning process. A din- ntr and brief graduation exercise completed the academy. Participants were quite positive in their evaluations of the value of the CPA. Indeed, the Hanover County planning staff was challenged by the academy "gradu- ates" to sponsor the program on an annual basis. Hanover County intends to offer another citizen's planning academy in 1998. SUMMING UP: A fundamental goal of the citizens planning academy concept is to help edu- cate, inform, and involve citizens in the community planning process. While King George County and Hanover County took somewhat different approaches to imple- menting their first citizens planning acade- mies, both found their experience positive and beneficial. . Michael Chandler is an Associate Professor and Community Planning Extmsion Specialist at Vir- ginia Tech in Blacksburg, Virginia, Chandler also conducts planning commis- sioner training programs across the country, and is a jrequent speaker at workshops. His column appears in each issue oj the Planning Commission- ers Journal, Chandler would be glad to speak willI any PCJ readers inlerested in finding out more about citizen planning academies; l1e can be reached al: 540- 231-6921, PLANNING CO~tMISSIONERS JOURNAL I NUMBER 29 I WINTER 199B m ~e see America the beauti- f~i'~ou can. Amber waves of grain? It is more like a ride through the Yellow Pages. A windshield vista of 50-foot beer cans and towering Marlboro Men. Many thought billboards were an endangered species in 1965 when Congress passed the Highway Beautification Act. But the law was so riddled with loopholes and enforcement so lax that in recent years billboards have proliferated once again. Curbing billboards is not easy. The billboard lobby employs a set of stan- dardized tactics to oppose regulation. Lobbyists, lawyers, and public relations firms will do anything they can to fore- stall regulation. But with persistence and the help of a good city attorney, meaning- ful regulation is possible. Indeed, hun- dreds of cities, towns, and counties (as well as five states) prohibit billboards. In the next PC), I'll discuss regulatory approaches, In this issue, I want to lay the foundation by examining why bill- boards need to be regulated. 1. Billboards are a form of pollution - visual pollution. Regulating billboards is n.o qiffe en t.hen'-;regur~ting noxious, ' " e~~Ifa'~~r~ - ~ ~ 'JS, LOOKING AROUND "Litter on a Stick" by Edward McMahon Supreme Court has said, "Pollution is nOllimited to the air we breathe and the water we drink, it can equally offend the eye and ear." Billboards are also a form of litter. While the messages on billboards can be attractive, ugly, or just ordinary, when they are enlarged to 700 square feet, placed on poles 50-100 feet high, and randomly strewn along every street, they become a form of litter - Litter on a Stick. scape billboards are a disturbing, alien intrusion that mars scenic views, com- mercializes the countryside, and erodes local community character. 3. Billboards are the only form oj advertising you can't turn off or avoid. There is a vast difference between seeing an ad on a billboard versus seeing an ad - even the same one - in a magazine, newspaper, or on television. When you buy a magazine or turn on the television, you exercise freedom of choice. You can easily close the magazine or shut off the television, In contrast, you have no power to turn off or throwaway a bill- board. 24 hours a day, 365 days a year, billboards force advertising on individu- als and communities whether they want to see it or not 4. Billboard companies are selling something they don't own - our field of 2. Billboards are out of place in most vision. Courts have long held that bill- locations. The landscape of America is boards do not derive their value from the one of our nation's greatest resources, Its private land they stand on, but from the value is psychological as well as recre- public roads they stand next to. Courts ational, economic as well as aesthetic. call this the "parasite principle" - Each kind of landscape - desert, coastal, because billboards feed like a parasite off farmland, mountains, forest, even urban roads they pay nothing to build, use, or :> has ilS8'-v.l1~ kmd of beauty, ch3;racter main~ain, T~ ul!..~eTs~~np this, im~g~~~ &~~ y.~ry,~ .,' "g.~Bf'lana.:. -tA ;tii'iitev' ,~,....: "':11 ,~.,">~,;u ''i'.'- '.. _ .. .....J'.l turn~d arollnd so lhat the message could not be seen from lhe road. The billnoards would suddenly be worthless. Their only value comes from their ability \0 be seen from public roads. 5. Billboard companies exercise almosl no restraint in the placement oj outdoor ads. Billboard companies put billboards anywhere and everywhere they can. In urban areas, they erect billboards next to homes, schools, churches, parks, play- grounds, hospitals, even in cemeteries and historic districts. In the countryside, there is no area sufficiently rural or scenic to be safe from billboards - they're even found along many designat- ed scenic highways! . . I ~: . .r.ti~ .~" - ~~..,' ~"..;~ ' ,;~r ,~~~..\):-;,~;;,~ ~ ~ L-~ .J" ,'.J,'~il' , l,"'~:i r ~ ~~ I, ~ It 1 . . l ll'J' r~ '~r~- b~::'" it!!ill :~"".;, nt'- u."::-:'( '1 _'l:l-' li".,'\"lj','I" .'1'1"1': ";.3 , . :.. . \ I...." \'~,";-~ ,. ..... .1" ~~'L;:2G' -:~ ...., A familiar scene entering our downtowns 6. Billboards are disproportionately located in low income, Black and Hispanic neighborhoods. There are no billboards in Beverly Hills, Georgetown, Scarsdale, Palm Beach, or hundreds of other afflu- ent communities. But drive into low income Black or Hispanic neighborhoods in Los Angeles, Washington, New York, Miami or any other big city and you will see neighborhoods saturated with bill- boards, most advertising alcohol or tobacco, Numerous studies have docu- mented the disproportionate number of billboards in these neighborhoods. 7. Billboards are the medium of choice for tobacco and alcohol. Today, more than 300,000 Americans die each year from smoking related illnesses. Another 100,000 deaths result from alcohol abuse and drunk driving. Yet our communities, particularly low-income neighborhoods, are awash with billboards advertising cig- arettes and alcohol. 8. Billboards are both a cause and a symptom of urban blight. A cause because billboards degrade the urban environ- melli, lown proper- ty valucs, and foster contempt for the public realm. A symptom because one form of blight breeds another. Graf- fiti, trash, junk cars, billboards - where you find one you'll usually find the others, 9. Billboard com- panies cut down, poi- son, and destroy untold numbers of trees on public land. They do this to ensure that motorists see their signs. The billboard industry calls this practice "vegetation management," but it is actually the destruction of public property for private gain. In addition to chain-sawing trees, billboard companies routinely spray herbicides in front of billboards to kill existing plants and to guarantee that nothing grows in their place. The indis- criminate destruction of trees and the use of herbicides contribute 10 groundwater pollution, soil erosion, and wildlife habi- tat destruction. 10. Billboards are ineffective and unnecessary. There are alternatives to bill- boards that provide the same informa- tion at less cost, without degrading our landscape. What's more, billboards are one of our least effective forms of adver- tising. Most people simply tune them out. At best, they are a secondary form of advertising which is used to reinforce ads in other media. Consumer spending is .' ..-~.. i0.~j'iiii; ,;; ,,','.' ' ' '~~"";,i,/j.. t{~'.,.,:i\~':.:':X'_"':' ."":'-"".: :, ,/ ~-'-, '. ". . ".1:':1:'"; " ir ~r:'~I'tAj1}" 'fI! . 'I,' .- I'. ' 0"." ." ."."J " . ",) . :UII. .. :..,' ..i: . L . .'.. .fli .. Ncw-.. , . '!''il~':J. ,J. rm .: ,: . .:. III . ~;". ': l,ii4..ti\I.l"PI"j' .. .....:..:../::1 . .' ----... ., . ~.'" 'l'= "1IIUJl;\J ,..... 1111/11'''''':::'- 't~~':, .~ !',~'~~.-"'~.'~,G'".''l',r.'.'':''' ~.J .t~ , .,,,".h'H" " ....1!!o\.....>l... . .. .' ,.~'H,.,,; ".'oJ .' o,..l".... - ~ . . "1' ,.' ,,'r- ,..~~'~..."'r'~~.;!'~~~~I.!:!o-\....,h . \ , , ,', ' "'.~ . ,""..,~ni.'.,.,...,'. ., b' ~. 'I It( . oJi'" ,,"-. . .... ,,~:. ..0: :.':"~< :. <..~~: ~.~~"~.. - Nashville, Tennessee~ historic Union Station An ironically appropriale mix of signs in Denver, Colorado riot any lower in those communities and states where billboards are controlled. In recent years, billboards have grown ever bigger, taller, and more intru- sive and numerous, Even if you accept billboards as a legitimate form of busi- ness, there is absolutely no reason why they shouldn't be limited in size, height, placement, and number. In the next issue of the Journal, I'll discuss successful approaches communities across the country have taken to gain control over billboards. . Edward McMahon is a land use planner, allorney, and director of The Con~ servation Funds "Ameri- can Creenways Program." He is former president of Scenic America, a national non-profit organization devoted to protecting Americas scenic landscapes. McMahons column appears in each issue of the PC). "Billboards are cloning themselves faster than sheep in Scotland," according to Senator James M. Jeffords of Vermont. "Billboards block scenic vistas, turning a beautiful country drive into a trip through the yellow pages. This billboard explosion must stop." Jeffords has introduced legislation to reform the Highway Beautification Act by placing a cap on billboards along federal aid highways; prohibiting new bill- boards in unzoned areas; prohibit- ing tree cutting for billboard visibility; and placing a 15 percent gross revenue tax on billboards. PLANNING COMt<.IISSIONERS JOURNAL / NUMBER 29 / WINTE1~ 1998 m FEATURE Wor'king With Planning Consultants PART I A use of a private planning ~~ltant can be an efficientway of conducting a local planning project. If handled properly, consultants can be a valuable addition to the plan- ning resources of a community. However, like any undertaking, this process has its keys to success as well as potential prob- lem areas. This is the first in a series of articles designed to provide an overview of the "ins and outs" of working with planning consultants. It is admittedly prepared by a planning consultant. Hopefully, however, this private sector perspective will benefit planning com- missions and planning starr in the public sector. The following are what I consider to be ten key elements to successfully get- ting started on a project that will involve consultants. I. Know the Law. Many communities have local laws or regulations relating to the selection of consultants; there may also be state laws that come into play. If you have any uncertainty, consult with .'/.1:\' " On-Line Comments .., . '. 1 , ~ ~ "Speaking as a consultant and former chairman of the Summit County Commission, it is difficult to over-emphasize the importance of - 'Clear definition of Need for Project.' Very specific tasks and. objectives have to be established to assure that a consul- tant can be effective. ... In all cases, the selection process is critical. The consul- tant will furnish you with information on their most recent work and should be willing for you to talk with past clients; Checking with references aod past clients can help you make certai[1 that your candidate has the skills you arc looking for, Quite often there is a by C. Gregory Dale, AICP your legal counsel to understand the legal framework \vithin which you oper- ate before doing anything else. 2. Have Clear Definition of Need for Project. Before you begin a consultant selection process, your department/com- mission should also be clear about the scope and nature of the project. Too many communities use the consultant selection process as a means to help define a project. Unfortunately. this often leads 10 widely divergent proposals being submitted, which are quite difficult to compare. 3. Confirm Leadership Commit- ment. Related to the above, some com- munities use the proposal process as a way to generate local interest and agree- ment in engaging in a planning process. Unfortunately, this often results in con- fusing discussions where some decision- makers are focusing more on whether or not a planning project should be pursued human-resources person who can be 'borrowed' pro-bono from a nearby firm to help establish a recruiting/selection process, " - H. Gene Moser; Park City, Utah "It is easy to create an rfq/rfplbid process, under the guise of openness or fairness, that takes far too much staff or public processing time. Indeed, it would be possible to spend so much time and resources on the bid process that one could/should have done the project oneself! As with any project, clarity as to the hows, whys and wherefores will benefit all involved." - Lee A. Krohn, AICp, Planning Director, Town oj Manc11estC1; Vermont rather than on selecting the most suitable consultant for the community. Before you begin a consultant selection process you should have a commitment on the part of the decision-makers that the pro- ject should be undertaken. 4. Learn from Others. Take advan- tage of your planning network 10 learn from other communities. Undoubtedly, there are other communities in your region or state that have gone through a planning process utilizing consultants.-It is worth comparing notes to find out what has worked well and what has not worked well for them. 5. Establish Budget Parameters. In your research with other communities, you should be able to get a general understanding of the consulting market in your area. This should help you in developing a realistic budget for your project - a budget that should be agreed on before you seek proposals from con- sultants. Note that budgets can be expressed in either dollar amounts or estimated labor hours. Too often communities invite consul. tants, as part of their proposals, 10 tell the community how much it should spend on the project. The problem with this (similar to my earlier point about the scope of the project) is the likelihood of receiving proposals that will be quite dif- ficult to compare. 6. Determine the Selection Process. A decision will need to be made as to how the consultant will ultimately be selected. If you have used a planning consultant before aod were happy with their performance, you may wish to explore a "sole source" selection, which means that you would not go through a competitive selection process (but check that this is permissible in your jurisdic- tion). If you decide on a competitive process, who will do the screening of PLANNING COMMISSIONERS JOURNAL I NUMBER 29 I WINTER ]998 m COllsuIl<lIllS, rl'viL'w of qualil"ications, revil'w or proposals, and inlcrvicwing? Typically a selection cornrnillct will be eSlablished that will acl in an advisory capacity and may include representa- tives of the legislative body, the planning commission, as well as key depanmems such as planning, engineering, public works, etc. Also, consideration should be given as to whether citizen represen- tatives should be on the selection com- mittee. 7. Select the Consultant Candi- dates. Make a decision early in the process as to whether you will be open- ing the process up to any con.sultant who wishes to submit, or whether you will prescreen consultant candidates. Do you want to invite consultants to submit on a local, regional, or national basis? Some communities have a strong prefer- ence for local consulting firms. If this is the case, it is not fair to invite national submissions by firms that have no realis- tic chance of success. On the other hand, some communities detennine that they want a national perspective, which has obvious cost implications related to travel. I suggest that you begin with a request for qualifications and use that as a basis to narrow the number of candi- date firms that you will then request full proposals from (1'11 discuss the content and process involved in RFQs and RFPs in my next column)" 8. Interviews. After narrowing the candidates down to a realistic number based upon qualifications (typically this should be no more than five or six firms), you may then want to further narrow it for the purpose of scheduling personal interviews with the consul- tants. For this process to be manageable the number of firms interviewed should be no more than four, preferably two or three. Scheduling more than f.our inter- views results in a burdensome process for the local selection committee. Considerations such as the length of the interview, the type of presentation desired, and logistics of the interview room should also be resolved before- hand. 0, Final Consultant Sdl'clioll, I'lo\\' willlhe final selectioll be madc? Will there be explicil criteria or will the process involve an open consenSlIS building discussion? I r criteria are eSlab- lished, what will they involve? To what eXlent will references, qualifications, understanding of the local community, staff availability, time proposed to be spent on-site, etc, be considered? Again, these are all matters that need to be dis- cussed and resolved in advance. 10. Contract Negotiations. After a consultflnt is selected, the contract and scope of services should be carefully negotiated. Even if the process involved a full proposed scope of services, there is still the opportunity for the community to negotiate the details and content of that scope of services with the consul- tant. The community may conclude that it favors most of what the consultant proposed, but revisions to the scope are necessary. The cost, method of invoic- ing, scheduling, definition of work products, and commitment of person- nel, should all be addressed in the contract. SUMMING UP: Ultimately the consultant process involves people working with people. The challenge is to find the right mix of qualifications, approach and philosophy, and personality compatibility between the client and consultant. . C. Gregory Dale, AICp' is Director oj Plan- nin,g with the planning and engineeringjirm oj Pflum, Klausmeier & Gehrum, and works in their Cincinnati,' Ohio office, Dale is also a past president of the Ohio Chapur of the American Planning Association, and frequent speaker at planning and zoning workshops, His next two columns will focus,' respectively, on the requesl jor qualifications / request jor proposal process, and on dealing with "management" issues that can come up during the coUrse of a project. ',f'~ y -,'''i.\ . o,~ P L r\ N N I N G COM I\I I S S ION E R S J 0 URN r\ L I N U i\.\ B E R 2 9 I WIN T E R 1 9 9 8 m INSIGHTS Making Planning Commissions More Effective +untary citizen participation has long been a hallmark of local government in the United States. In most cities and counties, planning commissions arc easily'the most visible, influential, and controversial of all local citizen advisory groups. This short commentary will offer sug- gestions - in the form of a checklist - for making commissions more effective. Webster's defines "effective" as being "'ready for service or action, n or "produc- ing or capable of producing a result." Commissions must 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 what I've found to he the most important characteristics of effective, successful planning commis- sions. See how many your commission can place a check mark next 10. o The selection of commission members provides broad-based representation (a cross-section of community, back- ground, talent, and abilities). o The commissioner selection process places emphasis on community spirit- ed membership that is representative, caring, and responsive to community needs. o Orientation is provided for new mem- bers jointly by the staff and commis- sion. o The c;ommission is well organized with clearly defined goals and objectives and established priorities that are reflected in an annual work program (essential if the commission is to funclion as more than a mere "zoning commission" responding to various applications), o There is good overall communication characterized by openness at meetings', and positive relationships between commission members, staff, and the general public. by Bruce W McClendon o There is effective realization and uti- lization of outside resources, o There is receptiveness as evidenced by open-mindedness, flexibility, and will- ingness to change or to compromise, o There is an understanding and accep- tance of responsibilities as evidenced by a willingness to work, to face diffi- cult issues, to stay informed, to listen and learn, and to give the time neces- sary for the job. o There are policies, rules, and pro- cedures for terminating inactive members, '0 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 elected officials). o There is able leadership characterized by well-run meetings, good prepara- tion, effective agendas, active commit- tees, good attendance, promptness, respectful membership, and a pleasant 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 staff 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 to accept risk. o There is an educated and knowledge- able commission that receives continu- ing education through workshops, conference trips, and published materials. PLANNING C 0 \1 MIS 5 ION E I~ S NUMBER JOUI~Nt\L I m 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, the critical role and responsibility of planning commissions demands an extraordinary commitment to maximum effectiveness and to excel- lence in public service. . Bruce W McClendon is the Director oj Planning and Development for Orange County (Or/ando) 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 COMMISSIONERS ~;'~cedural due process '~':':. " . 'r;aii's{erable development ~,,?~~"~I mglfts programs work r~:'k "~.'.".; ::I~N 'T E R ~~~.~ '1.~P}~~~:: 1 99 B p N N 5 5 / N G N E 5 / o L M A / c o R M N I: W s & I N r 0 It 1\1 A T I () N F () n C I T I ZEN I) I. ^ N N Ens Take Notice! P~OCEDURAL I ~_ TRANSFER OF DUE PROCESS RIGHT - IDEVELOPMENT RIGHTS I I .'~f..."'<'!b~.'" :~?~;; ,.:~:~i.~~A~Y!~t.:.::: . . P L r\ N N J N G C 0 i,'! ...1 I 5 5 ION E R 5 J 0 U R ~ :\ L I N U ~'l 13 E R 3 1 I $ U "'I ,vi E l{ I 9 9 8 Co FROM THE EDITOR Take Notice! In this issue, attorneys Dwight Merri- am and Robert Sitkowski provide a look at the basics of procedural due process. It's easy, sometimes, to get frustrated by all the process involved in making decisions on permit applications. Notice, the opportunity to be heard, decisions based on a record, written findings of fact, and so forth can be time consuming and [eel burdensome 10 provide. If and when these thoughts cross your mind, think about the quote from Justice Felix Frankfurter at the start of Merriam and Sitkowski's article - and about how you would care 10 be treated if you were the one applying for a permit. Switching gears, I also hope you'll take notice of the articles by Rick Pruetz and Peter Buchsbaum dealing with trans- ferable development rights (TDR) pro- grams. The idea behind TDRs is 10 reduce the impact that land use regulations can have on certain property owners. This is accomplished by allowing property own- ers in areas subject to significant restric- tions on development to transfer or sell the "development rights" from their property to landowners in designated "receiving" zones, The development rights can then be used to increase the intensity of development on the receiving parcel. As Rick Pruetz learned from his nationwide survey, a number of commu- nities have adopted TDR programs. While TDRs mayor may not make sense in your community, it's worth at least learning about what they involve and how they work. And if the TDR concept catches your interest, stop by our Plan- nersWeb site at: www.plannersweb.com . for additional infor- mation and resources, J!./~ I. Wayne M. Senville, Editor FEATURES D Procedural Due Process in Practice by Dwiglll H. Merriam, AICI~ Esq. and Robert). SilllOwsni. AlA, Esq. No person shnll be deprived of properlY "with. out due process of law." A look at how this Con'~ stitUlional requirement applies to planning commission and zoning board procedures in handling permit applications, [Ii] Putting Growth in its Place with Transfer of Development Rights by Rick Prnetz, ArCp Tnmsfer of development rights offers communi- ties a way of saving environmentally sensitive areas, farmland, historic landmarks, and other important resources. Planner Rick PruelZ exam- ines how transfer of development rights pro. grams work, and what makes some more successfullhan others. Ell] Transferable Development Rights by Pe!er Buchsbaum, Esq. A planning law primer on the basics of transfer- able developmem rights. To be read in conjunc- tion with Rick PruelZs, "PUlling Growth in its Place ..... DEPARTMENTS D The Effective Planning Commissioner Elaine Cogan provides some tips on designing and carrying out effective public meetings, D The Planning Commission At Work Mike Chandler looks at five ways in which local comprehensive plans are changing as we approach the new century. II!] Hews, Hotes & Quotes Brief updates from Dean Pierce on: TEA-21, the new federal transportation law; Columbus, Ohio's comprehensive street lighting plan; "neo~ traditional" development in Florida's panhandle; and more, m Looking Around Bicyclists and pedestrians belong in our commu~ nities, advoc41tcS Edward McMahon in his look at thc economic, health, and environmental bene. fits of biking and walking, Greg Dale on Consultants The second part of Greg Dales three-part series on dealing with consultants will run in our next issue. Our .lpologies for not being able 10 include it in Ihis issue, PLANNiNG COMMiSSiONERS .. Champlain Planning Press, Inc. : .:P.O. Box 4295, Burlingto';';Vf 05406 ~Jel: 802~64-9083 \Fax:Spt862-1882 '~>lj'\," . E-rn~il:. pcj@ipge~~f~net ."..., '.'., ' ,'.,' , ' '~'.' " ',.' . i>~~~'t-;~{ ..,-', >Www.plannersweoicom . ~~;~~( ,~.;,,;t...,:.> "" ' . ~ \:;. ,'.r~i~. """~'1'''' . Edlto.r, .'. ,.:' .Y:.:.',,"'i,. ",:"'t,:.." '"' ~~1~r,::' . ;Wayne MHSenvdie .... 2~-:,,-"I'~ > .,'~""rt,'<-? .. in.,~~b:~~-:;', ";: .;;;, .:!~ ^,~~iS~a~,~~E~i'~.~~S..., " ':{;1.~~'..' --:1l1~''i\'.~''-' "",,',. ,'u.,> ".:\>"~r"'t.""'.;(d.,.J>,,<{f~ '" :~\:;.. tf:')~1~.\.':I'<~jjean~'i.~ Pler:ce:<:tfiCP.'~~~, ,:/' . '.~'~;i~:~;~~::,~,~~~t.0i~~s~~;:*,~~,dt~. "., ,~.." .RC)'C.l ,.., ..~... ..,c:' ;o;"".f,,;~!>;~~,\, . ,~' 0 umnlSBlJ ,"fj;'!.i f:"'~;I" '..f"......: l',"~ '.... "'.. "~. .'tl"'. .'.'Y' - ,...,'~r.--,.."~:,,w. ,,:'.-:~\.'.,."'~~" '::.\)h( " '''-~. :', ~. . tl'~~1Kri"~~!a~r.~:eg~~it'i';: + ,*! !\!~""'<!'9r.. ~~~d;,pregop"~150~;725,Ql.92.12:;' 'r. :c.j-'f"'''',J: ,~.,~..~,.,:}r'../o';"~):" " ~ .:" jf,' ,.:,;_;~", ' '~11.~~~.',i.,.~ !;::J'~.*",~:::~H:1" .." cocplans@aol.com.' . ,it-~f~~~- "~.J,, t:Ji>?'/.i'~.J:~ t- ;,~ : ;:,{'l"::. ,,' . ': ,:,.._~t~;.:.~> :,ntt~,'~{i:~:, :{t',;' :".-j" , , . .'... 'MIchael Chandler .. "',.,,~,, (.....,":. . '.',.' .-- - ".'.,~.' ..:.....:,~~~,~.. ~,~'i-l)~ \Bl?~~burg,,~jir~iI}i~.. -~:.oiP~~I:9.,1~y:t~; :"'.!< f,y ",.. h @V' d. :: :")-t"':l.t;;,'~l'~;;'.i: ."" ,jrmc an Le U,,', .. t'~:'~<' "!l, ! . ,,"V'" '~;""'l: "':.f,:'f'~>'I."'k: , .. ..c':.c;;regorypale;N,CP.';;';.:":".:' Cin~i,;,'n;rti; Ohio'" 513-272-553'ii!':. .. .".."...,'.."...,. , . ~ "l '. r"J.~,"J....,"'#., . Giegp<!le~co~pusetVe;com1't>:J':'};:,'~.~, ..', ',:-.' '~ . 1? \"'.<-,,~,t .:';Edward McMahb;i . ., ".:..;;:--!, >~..- ,. - ,"'.,,;. Alexandria:,Yirginia. 703-525:630(i"~'.(,I.' . ..... ."J. ,....,."';.' '.. . emcmanon@conservationfund;'org-:i-;~' .~; .. Design .,t)::{i:1 Ned Corbett ','" W .' .:'\ ~ . Ferrisburgh, Vermont ".i,' j/ ,; Cover Illustration. " Paul Holfman :~ Greenfield, Massachuset~t~~, ~:t~~::~i,.: ~f';':'.. .~: ~'. ',:, ,:~ ' . . Subscription Information'.;:; ':" 4 . Published'" timts/y~r, with an index inclrukd i!',i,.thff.g!I.~ issue. Standard Rate: $50/year, Additional SubsqiP'~~u.s'li mailed to the same address: S8 each, Small communities (populations under 25.000), and small counttes':;r;, regions (populations under 75,000) receive 201,t; off the., 'j. standard rate, ISSN 1058-5605. Postmaster and SiJ..bj; scribers: Saul address changes to Planning Commission-t "'Journal, P,O. Box 4295. Burlington. vr 05-4fJ6.: I . "'( Editorial Policy . ::~ Articles and columns contained in IheJournal do not na~-~ salify rt:JIect the views of theJoumal, TheJoumal is CDrY..~; right protect/!d by Champlain Planning Press 1998. For:' permission to reproduce or distribute any portion of the,:" Journal, contact the EdUor. This publicalion is lksigned 10; pravldc accurate and authoritative infonnation on the sub- ject matter covered. 1t is sold with the urukrstanding that the Pllblisher is nol engaged in rrnd/!ring lrgal, accounting or other profcssional serviccs, If legal or olher expert assis. tance is required, the serviccs of (J competent professional' should bcSOllglt1. I' I. ANN I N c; C 0 ~1 (\1 I S S I () N E 1{ S J () URN A L I N U M Ii E R J I I 5 U M MER I 9 9 8 mt~,'~~1 THE EI'I'ECTIVE I'L/\NNINC COMMISSIONER What's Your PMQ (Public Meeting Quotient)? {ave you ever held a public ~'eeting when just a few people showed up... and you were glad? If you are on the planning commission long enough, you are sure lO have a range of public involvement expcritnces: care- fully planned and publicized meetings when very few people come, and those you thought would not be of public inter- est where there was standing room only. Designing and carrying out effective public meetings is an inexact, but impor- tant component of the planning process and should be taken seriously. Here are some guidelines that can help it work. One technique does not fit all circum- stances. Before planning your public involvement process, answer one simple but vital question: what is the purpose? If you want simply to inform people about a project, a "show and tell" meeting where information is presented ma)l be all you need. While you must always allow time for questions, the focus of the meeting is on giving information to the audience. Do you want to inform and also receive public comments? In that case, a meeting that begins with a presentation but is followed with breakout or small workshop. type discussions can be pro- ductive. Always avoid the unlimited ques- tion and answer free-far-all where only the most bold or opinionated will have their say. Seck out natural constituencies. Never worry that developers or landown- ers will be shy abou t voicing their opin- ions about planning policies or programs. Planning affects them directly and they make it their business to follow what you arc doing, But there may be other less vocal constituencies in your community equally as deserving of attention, For example, nonprofit social service agencies may be very interested in zoning matters that affect affordable housing. What's more, they probably have legitimate con- cerns. School advocates and members of hy E/aille C()~(/II adult and youth sports leagues are likely to be interested in park or open space policies, Before you make significant decisions, broaden the range of people you inform and involve on issues to obtain a true pic- lUre of the range of interests affected by planning decisions. Do not hide behind the legal require- ments. Too many planning departments stick only to the letter of the law when they notify people of proposed actions. Moreover, most notices are written in such legalese and jargon that lay people either cannot understand them or just throw them away. You may have to con- tinue giving the required official notice to the required people, but you can accom- pany it by a plainly written explanation. Furthermore, you should broaden your notice list to include affected neighbor- hoods and interest groups. Do not use only English if you want to reach a non- English speaking population. Get out to where the people are. Do not hold all your public meetings in City Hall or at a place or time only at your con- venience. Especially for subjects that involve specific neighborhoods,. hold the meeting where likely attendees are more comfortable, such as schools, libraries, or community centers. Make sure there is handicapped access and sufficient parking and access to transit. .. If at all possible, have )lour meetings covered by local access cable TV This is an effective way to reach people unable to atlcnd and also to show your receptivity to the public, Be sure your cable channel shows the name and phonc number of somcone to call for morc information or to comment on the issues you h<lve dis. cussed. Listen actively... and respond appro- priately. At each meeting, take notes about what people say. When appropriate, you can also distribute a shan question- naire so that those altending have an addi- tional way to express their opinions. Mail a summary of the meeting to all attendees who have filled out a registration sheet, publicize the results in the media or com- munity newsletters, and respond person- ally and promptly 10 anyone who has a particular request. Make friends with the media, but do not expect the media to be your friends. Have you ever been misquotcd in the newspaper or found your remarks seem- ingly out of context in a television inter- view? As a public figure, you can expect to be sought after by the media. You want to be friendly and open. But always remem- ber that the media are businesses, and as such, report news in the way they believe will best attract and hold their customers. That may conflict with your perception of the specific situation. Will all your public meetings run smoothly, without controversy? Probably not, but if you do it well, you can take sat- isfaction knowing you went more than halfway to meet the needs of the people in your community, You may even enjoy the true give-and-take of a well designed and executed public meeting.. Elaine Cogan, partner in the Portland, Oregon, planning and communica- lions fim of Cogan Owens Cogan, is a consultant to many communities under- taking strategic planning or visioning processes. Her colulllll appe<lrs ill each issue oj the PC]. ".Jt~,~:.'~:~;\,:,~ ,'. ,...., , '-~ , r -..J;-.-.:,~,., :'~l\~,f.:' '~~~'j. t -"'('/'" . ~;:~,+'.} ..-:' '.:...i: ,~' i<~;'.' . ......... . ...., .',-. P L r\ :-.; N I N G C 0 i\l ;"1 ] 5 S ION E R 5 J 0 URN ..\ L I N U :-',1 B E R ) 1 I 5 U i\1 i\1 E R I 9 l) 8 :,~~;~ THE PLANNING COMMISSION AT WORK The 21 st Century Comprehensive Plan ~. .'e last issue of the Planning Commissioners Journal featured an excellent article by planning historian Larry Gerckens reviewing ten key events that helped shape the growth of cities and towns into the 20th Century. After reading Gerckens' article, I start- ed thinking about the future and what form planning and plans might take in the coming century. Although many factors will undoubtedly shape planning, I want to focus on five ways in which local plans are already starting to change as we near the new century 1. Vision Driven. Comprehensive planning experienced a boom following World War II. In fact, most communities developed their initial land use plans dur- ing the 1950s. A look back at those plans .reveals, in general, a problem driven approach. Problems and issues were iden- tified, and solutions proposed. The problem driven model continues to the present day, but with a new twist. Instead or beginning the planning process with a listing of issues and concerns, com- munities, through the use of a visioning exercise, craft a picture or image of what the locality intends to make of itself, what it wishes to achieve or become. Once developed and adopted, the pre- ferred vision becomes the rallying point or goal 10 be achieved. The resulting plan- ning process outlines the sequence of events and actions the community will need to take if the preferred vision is to be We hope to publish reactions to Mike Chandler's column in our next issue. What direction do you see com- prehensive plans (and planning) taking in the years ahead? Has your communi- ty shifted away from the "traditional comprehensive plan" in ways Chandler describes, or in other ways? Please mail or fax us your thoughts. by Michael Chandler realized, {Editors Note: For more on vision. ing, see Mike Chandlers two-part series, "Putting Vision in Our Plan," in PC] #21 and 22 (Winter, Spring 1996).} 2. Thematic Based. Traditions in plan- ning'change slowly. For example, consid- er your comprehensive plan and its content. I would venture a guess that your plan features chapters or elements devot- ed to housing, transportation, community facilities, and the like. As a result of this style of organization, the reader, as well as the community, sometimes assumes each chapter or element is independent of the other. To overcome this mindset, plans are beginning to renect a thematic style. Instead of having discrete chapters addressing single topics, plans focus on broader themes such as balanced growth, the preservation of rural character, enhanced economic vitality, and so on. This style of integrated planning helps the reader better understand the interdepen- dencies that are present in the community. 3. Collaborative Effort. For planning to be meaningful, citizens must be involved in the process, Planners, regard- less of their personal talents and capabili- ties, working in isolation and apart from the clients of planning, will not be able to craft plans communities will embrace. A collaborative planning process provides a more open, inclusive, and interactive way of involving citizens and other "stake- holders, " l' l. ,\ N N r N (; COM MIS S ION E I{ S I () {J I{ N ,\ L / N U .\( B E I~ ~?'l'~_..';i 4. Regional Focus. For much of this century, community land use plans were developed with little consideration shown for surrounding localities, Over the past decade, however, changes in technology, in business and economic systems, and in federal and state policies that bear on land use, have made clear that localities are interdependent. As such, localities are increasingly aware that they must work together to solve common problems. Inclusion of a regional assessment or impact strategy section in local plans - as well as broader efforts to ensure that neighboring communities' plans are con- sistent with each other - will undoubt- edly become a more common practice in coming years. 5. Beyond Paper. Twenty-first century plans will also reflect the information age. In recent years, many communities have made use of local access television to introduce community planning issues to the broader public. Similarly, a number of communities are starting to use the Inter- net to post draft sections of their plans, as well as the final produet. In the future, vir- tual reality images and computer simula- tions of land use changes will become commonplace, allowing people to actually "see" how the physical nature of their town or city might change in response to differing policies. The next century promises lO he an exciting time. It will be our challenge to make sure our plans remain dynamic and relevant. . Michael Chandler is a Projessor and Community Planning EXlension Spe. ciaUst at Virginia Tech in Blachsburg, Virginia. Chandler also conducls plan1lillg commissioner lraining programs across the colUllry, llnd is a fre- C(HCIH spcnher al workshops. His colllmll "fJpcnrs in Well issue oj lhe PC). \1 I StJMMEr~ 19t)H I' I.. i\ N N I N C; L 1\ IN l' R I 1v1 I: R Procedural Due Process in Practice "The history of liberty has largely been the history of the observance of procedural safe- guards." McNabb v. United States, 318 U.S. 332 (1943) Uustice Franlifurter) ~{~Jeaders of the Planning Com- 11l'i1~ionersJoumal know that citi- zen participation as a member of a planning commission, zoning board of appeals, or hislOric preservation board requires an understanding of plan- ning law. Most commission and board members are familiar with complex concepts like "takings" and "arbitrary and capricious actions" under the U.S. and State Constitu- tions. Indeed, those of you who have an abiding interest in planning law may actually weave cases like Dolan and Lucas into a relatively normal conversation! This article adds a necessary component to this lexicon by exam- ining the important but often over- looked concept of "procedural due process," mandating constitutional requirements in the day-la-day oper- ations of bodies which make deci- sions concerning the use of land. We all should have at least some understanding of procedural due process because it is intended to ensure that gov- ernment acts in a fundamentally fair and reasonable manner when making deci- sions that affect private individuals. Broad concepts like "fundamental fairness" fre- quently become the basis for challenging land use decisions. This ankle is intended to help commission members 'learn what the law expects, in practical terms. The article begins by examining the meaning of procedural due process and when it applies. In the second part, it cov- ers specific acts that ensure fairness: ade- by Dwight H. Marialll, A/CJ~ (1/1(1 no!Jcl"/.J. Sitlwwshi, AlA quate notice; an unbiased decision-maker; avoidance of ex-pant COIHaClS; an oppor- tunity to be heard; the right to present evi- dence; prompt decision.making; a record of the proceeding; and a wriuen decision based on the record and supported by rea- sons and findings of facl. WHAT Is PROCEDURAL DUE PROCESS AND WHEN DOES IT ApPLY? The Fifth Amendmeut to the U. S. Constitution provides that "No person ... shall ... be deprived of property, without due process of law." This mandate, known as the "Due Process Clause," applies to the state governments through the Four- teenth Amendment, which provides in pertinent part: ..... nor shall any state deprive any person of life, liberty, or prop- eny without due process of law." Over time, this safeguard (applied to local gov- ernments through "Dillon's Rule," which provides that local governments have only so much power as the state may grant) has come lO protect individuals from arbitrary governmental action, no maller what level of government is acting, The Due Process Clause plays a unique dual role in land use law bcc<luse couns havc detcrmined that it possesscs two dis- tinct components - substantive and pro- cedural. ~Pro(rdunll tlnd SulJ!i/(/IlI;VI' Due I'roce!i5, p.6. The hallmark of the "procedur- al" aspect, the focus of this anicle, is the right to a fair and open process, Sounds simple enough, but as with most areas involving constitutional law, complexities lurk behind the obvious. Some Limitations As an initial maller, it is imponant to recognize that the Constitution does not require government to afford proce- dural due process unless it deprives an individual of an interest in liJe, liberty or property. ,is{ More Than the Minimum, p.6, It is equally certain that land use decision-making does not affect life or liberty interests. So, we are left with the single threshold question: "is there a property inter- est involved?" This is the point where things can get away from us if we're not careful. One would normally and understandably say: "of course a propeny interest is involved when- ever land use decisions are made, because such decisions, by defini- tion, concern the use of property." Therefore, using this reasoning, anyone who owns or leases property should be entitled to Constitutional due process protections whenever there is a government land use decision affecting his or her property. This common sense reasoning, while seemingly persuasive, is nonetheless incorrect. The body of law in this area focuses on the property rights inherent in the pennit sought, and not those attributed to the mere ownership oJ land. Only those with an interest in land, of course, may submit a permit application in most cases, but that (OI11illucd 011 page 6 P L 1\ N N I N G COM MIS S ION E R S J 0 URN ..\ L / N U :vi B E R 3 I / S U tvl I'vl E R I 9 9 S ~I~ Procedural and \~ Substantive Due Process The Due Process Clause requires that both the process and the result of govern- mental decision-making be equitable, Pro- cedural due process ensures that decisions are reached in a fundamentally fair man- ner. Substantive due process, on the other hand, ensures that regulati~m.5 imposed by the government rationally and reason- ably advance a legitimate govemmeTIlal purpose. j:)More,Than., . ", the Minimum, " ' ' We have presented inthis article what we consider the',miTIimum . . ' '. "'1 requirements of procedural:du~.proc~ under the United Sta;~ Co~tituti~n:. in: other words, you can regard these requirements a~d any others und~r your state laws as a found,ation QTI which you can build a morc elaborate framework. If your commission decides that it would be appropriate in your community to afford procedural protections to those who may not have a constitutiomilly-pro- teeted property interest, you may'do so. These types of additional procedural pro- tections might include formal notice to recognized neighborhood gr?UPS when applications are filed for properties within their area and accommodations for repre- sentatives of these groups to testify at public meetings or hearings. Procedural Due Process COlltillU('dImlllll(l.~(',) is not the point or the Constitutional inquiry, The real question is: how does one demonstrme a surricient interest in the granting or n permit 1O be emirled 1O procedural due process protections? The "Clear Entitlement" Test The United States Supreme Court, in the well-known (at least to lawyers) case of Board of Regents v. Roth, 408 U.s. 564 (1972), developed what is referred to as the "clear entitlement" test 1O determine whether the property interest at stake warrants due process protection under the Constitution. It may be easiest to understand this test in the following way: if the government has no choice but 10 grant a permit in the event that the appli- cant meets certain criteria established by regulation, then a protected property interest is involved - and procedural due process protections must be provid- ed. This occurs, for example, when a zon- ing board or other body sitting in a permitting capacity applies adopted poli- cies or regulations to specific individuals and circumstances. In other words, when the body is acting in an "adjudicative" manner. Contrast this with "legislative" deci- sions where the local body (most com- monly the governing body) is setting policy of a general application - for exam- ple, by enacting a zoning ordinance or by designating an historic district. The exer- cise of "legislative" functions is usually not subject to the detailed hearing, notice, and public participation requirements imposed on "adjudicative" functions. Many planning commissions, howev- er, do not act precisely as either "adjudi- cative" or "legislative"hodies. hut fall somewhere ill belween. This is espe- cially Ihe case in those stales where a planning cOlllmission reviews perlllit applications according to adopted crite- ria, but does not make the final decision. Since the commission does not function as an "adjudicative" body in the strictest sense, one could argue lhat it does not have to provide procedural due process protections such as adequate notice and the opportunity to be heard. Our advice, however, is that where a commission makes recommendations that the ulti- mate permit-granting authority (usually the local governing body) may rely on in making its own determination to approve or deny a permit, prudence dictates that the commission also follow the principles of procedural due process. Having just gone through the basics of the Supreme Court's "clear entitle- ment" test, we must now caution you that courts can invalidate local actions because of the unfairness of the action even if they conclude that the Constitu- tion's due process clause does not apply! If a court is sufficiently outraged by the unfairness or bias of the local decision- making process it may search for (and find) some other basis for invalidating the decision. A good example of this is a recent California Court of Appeals deci- sion, Clarh v. City of Hermosa Beach, sum- marized in the sidebar, A Clark v. City oj Hermosa Beach, p.7. WHAT Is REQUIRED TO SATISFY PROCEDURAL DUE PROCESS? Procedural due process requires that governmental proceedings be conducted in an orderly, fundamentally fair, judi- cious, and impanial manner. In the bal- ance of this article, we will discuss what we feel are the P LAN N [ N G COM MIS S I () N I: R S J () tJ l~ N A L I N U M B E R :3 I I 5 tJ ;\'1 :-'1 E R I 9 <) H f2j-t' g'.~<: :.',', ."..~ minimum requirements for a ddcnsihle proceeding. Please note, however, thaI requiremcnls may vary in your jurisdic- tion depending on your Slate statutes and how your courts have interpreted them. Our goal is to alert you to the issues. You should be guided by your commissions legal counsel in determin- ing the full scope of procedural due process required in reviewing permit applications. Also, bear in mind that while your proceedings must conform with the requirements of procedural due process, they need not be conducted in a formal "trial-like" manner. Indeed, running a commission hearing like a trial will end up intimidating virtually everyone involved (except for the lawyers). Proce- dural due process can usually be provid- ed within the confines of a relatively informal atmosphere. l.Adequate Notice Notice requirements are normally found in state enabling laws and in local zoning and subdivision ordinances. They direct who is lO receive notice and what form the notice must take. Courts gener- ally consider these requirements as mandatory and jurisdictional, which means that a failure to comply will inval- idate the action taken. The person whose property is at issue and the person who has applied for a per- mit (sometimes the same person) ordi- narily must get notice. To ensure fairness, most co'mmunities also provide notice to neighbors or property owners within a specified radius, even if state law does not mandate this, A commission should also give some type of notice of its hear- ings to the general public. Most states require, at a minimum, that notice of hearings be published in a newspaper of general circulation. . The following cases illustrate actions constituting insufficient notice, and underscore the importance of strictly fol- lowing your jurisdiction's notice require- ments, . An Illinois court held that notice of a rezoning application was not reason- ably calculated to reach those who should have been informed so as to offord them an opponunity 1O present their objeclions when Ihis notice was buried ill the back pages of a ncwSlxtpcr. AmcriujJ] Oil Cor". v. City oJ Chicago, 331 N.E.2d 67 (III. ApI'. Cl. 1975). . The Utah Supreme Court held that a city planning and zoning commission railed to comply with statutory notice requirements when it gave no notice of ilS hearing on a proposed project master plan, and then an ordinance enacting the same was passed by the governing body. Call v. City of West jordan, 727 P.2d 180 (Ariz. 1986). 2. An Unbiased Decision-Maker Commission members must he free from conflicts of interest and bias. At the least, such behavior can lead to a crisis of confidence in the commission's ability to deal fairly with applicants. But bias and conflict of interest can also resuh in a court invalidating the commission's decision. . The Maine Supreme Court held that a landowner was denied due process when only two of five commission mem- bers who heard the evidence were on the commission when it issued its findings, and one of the new members had been a voeal opponent of the project at the hear- ing. As the Court noted: "Procedural due process ... assumes that Board findings will be made only by those members who have heard the evidence and assessed the credibility of the various witnesses. n The Court further held that only those Board members who had not previously opposed or supported the project could participate at a future rehearing. Pelhey v. City of Presque Isle, 577 A.2d 341 (Me.1990). . The Georgia Supreme Court vacat- ed a county commission rezoning of two lots from residential to commercial because two of the three commissioners had a financial interest in the rezoning. Wyman v. Popham, 312 S.E.2d 795 (Ga. 1984). 3. Ex-Parte Contacts Related to the previous point, it is fundamentally unfair to engage in ex- parte contacts - contacts outside of the public hearing process with a pany involved or potentially involved in a COlllillUCrl 011 page 8 00 Clark v. City of ~ Hermosa Beach Sometimes a CDUn will invalidate fl l.md use decision when it determines that the local body has engaged in an egre- giously unfair pallern of conduct, notwithstanding a finding that the Due Process Clause does not strictly apply, This was the case in Clark v. City of Hennosa Beach, 56 Cal. Rptr.2d 223 (2d Dist. 1996). The plaintiffs in Clark applied to the Hermosa Beach Planning Commission for permits to demolish the duplex they owned and repl.ace it with a new two-unit condominium, The planning commission approved the permits, but this approval was appealed to the city council. The city council then denied the permits, finding that the size of the proposed structure was excessive, The California Court of Appeals, in , reViewing the city council's decision, first applied the U.S. Supreme Courts "clear entitlement" test. The court found that the plaintiffs were not entitled to proce- dural due process under the Constitution (primarily because they had applied for a conditiqnal use permit, which the court found the city council to possess consid- e~ble "discretion'in deciding whether to issue; tInis, the piaintiff had no protected property 'interest). Nevertheless, the CDun ~hrew,?~t the city co~ncils decision. The ", . 'co'urt eXpressed shock at the bias of cer~ t~in city councilors and, relying on the ccimrriim-Iaw'doctrine of connict of inter- . est: concluded that th~ plaitltiffs had been unlawfully denied a fair hearing. . ,. The.l~on in Clark for land .use deci- sion-makers is th~tl a court mar. w~.ll find '., , . , " ~ ._, ~ .. ". . a way to reverse a government action based ou' an unfair p;oc~ ir'it is suffi~ ciently'~utraged - even if Constitutional due process entitlements do not come into play. P LAN N I N G C 0 ~1 M t 5 5 ION E r~ S J 0 URN r\ L I N U M B E H 3 I I 5 U M MER ftfkJ" ~,'. .9- .>~ " I 99 8 Procedural Due Process (OIuillllnIJ/(lJtlpCl,i:C 7 matter before your commission, These are "one-sided" conversations bccause you are allowing one pany (0 have a discus- sion with you in the absence .of Olher par. ties. You must scrupulously avoid these conversations, . The Maine Supreme Court held that a planning board's meetings with oppo- nents of a subdivision proposal were ex- parte in nature (and violated due process) since the applicant was not notified of them. Mutton Hill Estates Inc. Y. Oakland, 468 A.2d 989 (Me. 1983), appeal after remand, 488 A2d 151 (1985). Should you inadvertently commit an ex.parte contact, you must reveal it on the record before you vote on the matter. As Gregory Dale has stated in one of his "Ethics & the Planning Commission" articles in the Planning Commissioners journal, "there is nothing more frustrating for the losing party than to have the impression that the other side prevailed through the use of 'back door' politics. And nothing is more important to you as a planning commissioner than your credi- bility and integrity." PCj #2, jan./Feb. 1992, "Ex-Parte Contacts." Most states have also enacted "Sun- shine Acts" and "Open Meetings" laws that define what constitutes a public meeting and require that all deliberations (with a few specified exceptions) take place in a public forum. You should have your commissions attorney brief you on what these laws require. 4. Opportunity to be Heard Every hearing, formal or informal, must allow all interested parties a fair and reasonable opportunity to present argu- ments and evidence supporting their posi- tion, This does not mean that a commission cannot place reasonable time restrictions on presentations and testimo- ny. In general, courts weigh an individual's interest in an opportunity to be heard against the public interest in fair but effi- cient hearings, . A Colorado court held that a board. of adjustment violated due process when il took additional testimony at a second public hearing after telling ;:m applicant that his presence was not necessary because no testimony would be taken. Sclavenitis v. City of Cherry Hills Bd. of Adjustment and Appeals, 751 P.2d 661 (Colo. Ct. App. 1988). . A California court held that a gov- erning body, by waiving notice require- ments and limiting the developer's opportunity to speak, violated due process. Cohan v. City of Thousand Oaks, 35 Cal. Rptr.2d 7B2 (2d Dist. 1994). 5. The Right to Present Evidence A commission must reach its decision after hearing all of the evidence and after permitting the evidence to be examined and commented upon by all interested parties. Each side must be allowed to rebut the others arguments and evidence, . A New York court held that an appli- cant was entitled to a rehearing when the zoning boards denial was based on a plan- ning department report containing evi~ denee that the applicant did not have an opportunity to rebut. Sunset Sanitation Service Corp. v. Bd. of Zoning Appeals, 569 N.Y.S.2d 141 (2d Dep't 1991). The right of cross-examination in the context of land use hearings varies with the nature of the proceeding and with requirements of state law. Some states require commissions to allow cross-exam- ination, Because the prospect of facing formal cross-examination may make resi- dents reluctant to spcak (thus depriving your commission of valuable evidence) we recol11mendthat your proceedings allow for only as much cross-cxamimllion as is legally necessary. This is a particular- ly important issue to consult with your commissions attorney about in advance, 6i'Prompt Decision-Making The right to be heard includes the right to a prompt decision. Common sense dictates that you should make your decision within a reasonable time in light of the substantial financial and personal capital expended by all sides in land use applications. In fact, many states and localities require land use decisions to be made in a particular time frame and to be published in a certain manner, 7: A Record of the Proceeding The record is the basis for your deci- sion, Moreover, in "record appeal" states, the court relies on this record when it reviews a commission's action; you must build a meticulous record at every hearing in these jurisdictions. In "de novo appeal" states, the court holds its own hearing as if the commission had not previously ren- dered a decision (but even in these states, we would advise commissions to preserve in some form the evidence presented and considered at the hearing). The record of the proceedings is a compilation of testimony from the hear- ings, written information provided by wit- nesses, staff reports and recommenda- tions, and any other information used to form the basis for the decision. Testimony may be recorded in various forms: a for- mal transcript prepared by a professional court reporter, written minutes, or audio or video recordings. I' L ,\ N N I N C c: 0 ~l 1\1 I S S ION E R S .J 0 U I~ :\.! 1\ r. I :"\! U \1 II r: j{ ~ 1 I SUM MER 1 l) \) l"\ 3. r\ \Vritlcn Decision Based on the Record and Supported by I~easons and Findings of fact Courts will generally uphold local land use decisions so long as Ihey are ;upported by facts contained in the record. However, courts will overturn local land use decisions as "arbitrary and capricious" when they are not the prod- uct of sufficient fact-finding. . A Minnesota court reversed a coun- ty board's decision to deny a conditional use permit for a sewage treatment plant, noting that: "The minutes of the county board contain no findings of fact explain- ing the decision ... The board ;gives no factual basis for its findings. It merely recites the language of the zoning ordi- nance_ ... There is no way to determine from the record before this court what the county boards thinking was when it denied the conditional use permit." City of Barnum v. County of Carl/on, 386 NW2d 770 (Minn. App. 1986). . A New York court held that general- ized, ultimately refuted, objections by neighbors are not sufficient to support a denial of a special use permit. In re Marlwwitz v. Town Board, 606 N.Y.S.2d 705 (2d Dep't 1994), appeal denied, 616 N.E.2d 157 (1994). . The Nevada Supreme Court found a city council's denial of a rezoning request for a hotel and casino (which the plan- ning commission had recommended he approved) to be arbitrary and capricious. The Court found that council members made their decision based on "campaign promises" and "pledges to constituents" instead of on whether the rezoning con- formed with the city's master plan. Nova Horizon v. City Council of Reno, 769 P.2d 721 (Nev. 1989). The best way to avoid a charge of arbitrary and capricious action is to ensure that the reasons you give for your decision are supported by facts contained in the record of the hearing. While many states and localities expressly require findings of fact and a statement of rea- sons, sound practice dictates that your commission adopt this practice even if your state's laws are silent on this topic. Your decision should also be based on your ordinance and plan criteria, and should he consistent with previous deci- sions of your commission dealing with simihlr circumstances, Remember Ihallhc point or creating a written decision is to dislill the facts articulate your assumptions, and clear!; describe how you are applying the facts to the legal requirements of your ordi- nance, The decision should also be writ- ten in a manner that others can understand. In other words, discipline yourself to not use "legalese" and "plan- ner-speak. " SUMMING UP: If you abide by the basic principles outlined above, your actions should sur- vive any judicial scrutiny, You can ensure that these practices become a part of your 'day-to-day commi:;sion routine by incor- porating procedural safeguards into your bylaws or ordinance. Ensuring due process may seem to be an expensive and time-consuming proposition. But as land use lawyer Ted Carey has noted, "lack of process costs even more money. ... Virtually anything that's questionable should be accorded procedural due process steps. Its a small price to pay for a very large insurance policy." Land Use and the Constitution p. 46.. Dwight H. Merriam, Alep, and Robert ]. Sithowshi, AlA, are law- yers with Robinson & Cole LLP in Hartford, Conncclicur, where they practice land use law. Merriam has been a direc- tor of [he American Plan- ning Association, and is past President oj the American Institute of Cer!ified Planners, He is co. author oFI:he Takings Issue (to he published this year by Island Press) and also co-authored "The Supreme Court Takes on 'Takings' " in PC] #8 (Jan./Feb. 1993). Sithowshi was (he 1994 winner of the Ameri- can Planning Association, Planning & Law Divi- siQI1~ R. Marlin Smitll Student Writing Competi- tion, and is a member of the American IllslifUle of ArchileClS. ~.~"."..'""'_. <..,... ' '-&' /:'1~~~':r', \~', ~ ,~" '-1 ~~::'~-\\.:, .;" .~, 4~ 'f,"f\ ", !' :~ - ~~~~<t~2.;,~, ( ,; ;; '~";\""Lll"_""c,'" 'l',,~ ~.j".~'f ,k,~ , ~~.:!ft~;;:~::"i\ "~L.:. . < --~ ';f Resources: ~. Allor, "Outline of Arti- cles ofBy-L'ws for a Planning Commission," No.14, Planning CommissionersJoumal (Spring 1994). . Alperin and Burge, "Land Use Hearings and the Due Process Clause," Vol. 37, 'No: 5, Municipal Lawyer 10 (September! ...october 1996). ,~.:Blite.Sser .and Weinstein, eels., Land Use .. and the Constitution: Principles for Plan- ni~g Practice, Planners Press, 1989.' .. . ,Bley ,md Axelrad, "The Search for Con- stitutionally Protected 'Property' in Land ': ,. Use Law,~..vol. 29, No.2 The Urban . :' "':'. ,', ' . ';'<.:I:iiWyer)51 (1997):. ", ..;:;..~,;..~;~;. '.....;,8~ ' \'1' :. ""~'~' W'~,kZKovaCic:a~d-M~Master "Drafting Land .~ ".. ". r;l:'W~I.;A~i:t .', ";~'~'-:'\ ,.;'..,;r:," ..'. " ~~'}" (t~t,W~tr,~r'~;~gs.:'i'-~~1,1; ~lanning Com1!1is- " <i{,~ '" > r. :.I'sio)iers]<\ih'nal"(May,june 1992) . :'"''Z.;".''' :'v;:;<?'p;.~r:~;.""~,: ,':'~j:', .\. ,~,;'":t",\., :':~~ft'JetlLeriQn, ~The.bue-Process Issue in '''J':J~;',~ ...' ..:. '~1\ t'''. ." ,'. . ,.' ~. ' ' ,'. '...1~,~~t.P;. , ., ,-Zgning:for HistoriCiPieservation n_ \101 '.-'.::-;N'::;:: :..~-11~~b;-:i::TIi~'U;j,~Y"wyer'77' ( 1987). . '~:J> "",.~~.'~""~l...r:. . .'''''.'''!' '. . .'" -'"...'.,.. ..,~.~~~. $tWhne".;~hd EdMiib~~~'n, pr~~ed~.' Tal Due.:>.~J~.'l,tt: ~.-'~ "..:',....~...,.~.:" ':J..~.~..;.. >'. ,..:' ,.,.,'t~J., ~~..;'~. ':~~,c~~~'~;~~rlai~:~~~l.i5,~':A Guide for~ " . ~~::.. , <~~Jgte.~,~hq,9gn Cpm-missiqns, NationalTrusf,,~;1;~,,?" .:~~'t~;H~i9tic Pr~~~~ti~~, 1994,' .. '~",~$.~; ,,':,',~":;,~:;",,:~".~,_:,:~,;. ~':".'j;~:.'.;~" .. .:ft~>. "'" " ;, i5, '.,' ~...J:l' ,\~.lti '. ' ' ,.-::<:;r~<'", \:,?~~~.,,;",'r.,~~~.: .. (i~~';" r:=~~:::::,::::~~~" I~ ~ al review board for commenting on r~ articles appearing in this issue: 1.1:.:< Chris Bradshaw, Reno]. Cecora, r::~ Jane English, Erik Ferguson, l~"! Doug Greene, Wendy Grey, ~:~~ Doug Hageman, Carl Kohn, ~;;.~ " ~:~ Lee A. Krohn, Wayne Lanmon, .,i! King Leonard, Ross Moldoff, r~~J.~J Terrence D. Moore, Gene Moser, .' ", Mark Padgett,John Palatiello, Jerald Powell, Ray Quay, . :.i}. Martin Sanchez, lrv Schiffman, ',,\- ~.,.:: Bryan Stumpf, Barbara Sweet, :, ~::"~;::f Lindsley Williams, Jim Yarbrough .,~: If you would like to assist us by reviewing draft anicles, complete the sign up form at our Web site: www.planncrswcb.com/gucs1.htm} ',',~ PLANNING COMMISSIONERS JOURNAL I NU~lBER 31 I SUMMER I 998 n " ,5enat '~- .' 'Yi. o.nS tn ~Ira o' 'l';'-"-"'~ :.~-! ~~~~~~: 'i~ie . ati6~ ':': ;'::':".:':;~j'::.: ' ~'~,. ~ ~ileCl~i5xman,Y.tra~ ~': ~"":""""':'" . f.' ."~"' .%-,... '. ' ...., . ." ,. ndri:ommunt!X'~av ~,'''''.:.f/",,,'.'..' : '1~~~(t"~1 ::.; : --." '0 ~:~.: .~. .::'. _1 nOLwitli6utfitS'criti *:-'if,,' ~.? V-", '::i:;o' ;." .' ~:&.'ll~""'fo' . .... ':.:~:~?e..:g.' ~~~:v.rr- ~...lr~.~. Among~liuman.seivicejorn on initiative, tHe~Golum us ~:',:~~~~:;.;. ''(J~",'.~P'SJ~_:<:,,',If\lYSJ!~,'tl., ~t't"\;r~,1l1TIJt.t~r'\<->; ,"'-ct!' '-', 1 I . ':'~t111i~.t;Uf.t.'~'r,\I" "-~~N'\:y f\:"~A:":~L '. ~.m .. . I .' f'1901."(.IST.r',..., r - ... '.1 . '.' ',1 _'_'~X.'. . e ."....'.'".f....''' ',-. n".. mzaUons 'tne,.taw's language. ..... .0nlO. ..DlVI..S IOn of.'EIe.ctnCl TH' .'. o~.;',(~,,:. - ~~~:" .l;q~mo~en: )'I:JI1e.n~ pr,:~~~,p,I?us proJec!S. ~." ':'1:". A. ~".',: "... _..L -'\.,~._,.:.(-,.~,'&,:. ,.~.+'.f.:~\"?,.~,~::,it{r(" !(~;.;; last;year:); C~~~siQnal de~ate' "';such as bicycle-pailis andhis-; .:requlnpg,that.fed~ral gaso,line)!!;'j\-currentl}'<;o,wp.lepng'a'p.liin to ~:~:.; ov~g~~lut~~tr.Jli~f:A; ';~([d;" ',',:' ~~;~Ti~ pres~~~.~g,?~f{6I.ts ~~a~ ~;~\;"tax r~&~~~~~~~r:~~.~rud;:~~'~;~~{C~!~~;:(tIrh~~~~J~~i~~~~ili(~~~~~ ~~~j:.')'"' McMa~~ns'~~at'sJ!extfo~~:'!; " . ~ . ~~~e,~.~~nce"ilie-~~~~~~_~~J1a': . ,,;~:~trans~~~t~~~:L~ ,ra~~\~~~,??A~~~..:>S-~~'f ~~~??9~,';~ ..i~;~~nty., -~ ':, ISTEA:',m ~CJ #27~.~Summer.::': non'_system~";,'~l'-,':~\~ 1, ..-" ''', cems ,~o9~t~.f2r~l~g offs_~ttmg!~~~~.. eI1~anc~ng~tr~~HIgli~&,,- !-~",:{" 1997J. ~~~ l;"~:'~';" -,~;<,.' . ':'~';i;(', " .-,::A'new t1!i~ii~$~~nt~~ {:\.' ::}cutS'~~~~~o~~~.V~,e?ding~~f"~:~Vtk:~~,.'}~~ile at'.t~~"s~~~:,ti~~1!~p,ect ;~;::~ .- rE!\-:-21 auiliomes a record ':enhancement'P!o~rri. >'. . '. Sorrie"'errMi?rirri~ntat.'gf~ups:;." ?~r~ ing~~cli Cp,~~~ity's;:~~,iHu $200 billion.iil.highway and requires urban trat?sit agencies are concerneQ about "riders'; ,,-:' historical,traditi.on and #es transit expenditures over the to spend one percent of their attached to'TEA-21 that weakj thetics, ,', next six years, an amount funding (roughly $30 million en some unrelated environ- The initiative, knowr';~J ro.. made possible due to langmlge per year) in similar ways, mental regulations, ject 20/20, has consisteq.;'cif requiring that federal gasoline Like ISTEA TEA-21's plan- A t k d d' three distinct phases: a puBlic' , . m ra a vocates were 15- ^' ".'''''' cax'revenues be spent only on ning components require . d ha h I '1 ' educationcampaigntoraise,',~ . , appomte t t t e egIS allon , ,- :~'-'r transportatIon. It retams and states to develop statewide f '1 d II h n' awareness of street hghung .' y' al e to a ow states t e eXI- ,,', <$> expands the popular "trims, transportation plans. These b'l. f issues (including safety and lia€ 1 ny to use sur ace transporta- :I portation enhancements" pro- plans must "provide for the 'f d .. bility standards and Hghting- Hon un s to support mter-cHY ~-. gram and also maintains an development and integrated '1 related costs); a complete ~ passenger ral . ~ emphasis on coordinated management and operation of inventory and assessment of ;, transportation planning, The transportation systems and . Budget watchdog groups the existing street lighting sys- 1 ' massive bill also supports facilities (including pedestrian have complained about the tern; and preparation of a light-' numerous other programs and walkways and bicycle trans- ~arge num~er o~ "pork".pro- ing master plan, initiatives, such as safety portation facilities) that will Jects contamed III the bill. The master plan contains research and the development functio~ as an intermodal For more information, COlltact policies for the prioritization of of intelligent transportation transportation syst~m for the Roy Kienitz at the Swface lighting needs, a discussion of SYSlcms, or ITS, State and an intcgral p;;lrt of an Transportafion Policy Project at lighting-related design issues, According to thc non-profit inlcrmodal transpon:nion sys~ 202-466-26.16, The STPPs weIJ ;;lnd neighborhood-specific Surf;;lCC Transporwtion Policy telll for the United States," P(l!!.c is at \V\V\\~fra"S(lCl.org. lighting rccommcndations. I' I. 1\ N N 1 Nee n /vi ,vl I S S I () N 1": I{ S J 0 U I{ N t\ 1. I N U j'vl BEl{ J 1 SUMMEI{ l()tJK ~~}~~:i ~"'1 . I ,:\ nw ''f~ . n.,q~ :;;~1{ . !~I~ ,.",," ".qt..., ''!''''-';' c:': ,\ l,j~{ll Pam lit ~. ,,:"~. . ~ k:t'.;f.....~ ~ ) ~ ",.,~,",{;': arcfiieGtural' Ies. , !~ ~"',~"~, ,,_.~., . . - ." Yh v '"f" na51assiSl ''''-;' ~. I 'In/~ ; co l~ ':' I~; l~ ~ ass1St~d:<. EOr<lmore irifonna :';":'.'!-.'ii'~';t'h(':."'S~t' "m~~~' ';'<i . .'...;v.. .~.:: ~, ana,oJ} e:im De _ ..', ,,,,~ nY'4 oraer.a. opJoftli Ii IlP~~~~~-""I: ';''t.~,~,;~~, ''', 'th'at ..~.. ~' ' ~'F" .ec ~_""oi!>.\. . 1iViaa;\citj850-513:-~>:- ) . -.. .... ,'&...-.~..u;"., ,... ",".' "'"' '" , '(J'~>'>-'''''l'' t' ~ .... q >,... .. ta!=~.I~l DaJy G.. ITiJi!gF,.. anomlC develop.ment-o ,'l lJ-:~J:' ... ,I - ,,'ij_.: .bre~ito provide'and~f;\ ,'~ ::iNciiforltr'~I:.stilute o~'E~ i~l~' l~'l' J"~\".!"li":l .' i~'k~~'c :, .'; \).:". ~;r,~ ,..~. iO.;l'",', '!~i1:~~' -~ . ,. <lC:l~n"vYaton,.~ounty,~w I ,~~..tl.' '+:.\"f_ e"itscitizensinsuc:na-r.-: '." ko( " ,..', '\" 1M1l- ,)l~mJ(~.ljh~j.<:.,. _' 'j~:".o:~,".,;t<.. ....'~\C,. w "-*E","g . " ';IC".~' ~. I ~~mptt.q~,Health 5Clenc,~S, a 'llie easy transnortatlOn ~. liDean 'Rlen:e;~~ . 1l' .0. ud Hts .! lU~ ,....c"'. I' "g! '~~~'Jl"" {~.,. . ., ll!~I,",1.!1fl~f st y C! J _ t: ': 't,'\!~919:S,41:~5377. I -' , cCeSs:erijoyed oy;.rimcli of ;,~{tldnd lise and..: 'liglitiiigs~tem.":< t It:bJ. '.,~ .~. '~;: :: ~a~"~. ly"~':;~:tJl'l...,. ,[ji',;' :''',' , . /, .~. 7N 1. ~~t./ ..,',~'" 'r~: .' ""u~ ,,'~ .;: t of~fJC!_nda, ~~~~;fI}tI~e' :" ,lr~nsportaUon ' i~J\~.on;4;;[9~ation, conta~~< . .' :r'Jlj~~:" ,~eo-t~~~.t.I~nal, .~.;'!t~.the prSJi2t:~11" <. ~~ '(:;pl~.""er, is 1ssis- p,...~~1J~~,Bq~!1l~~ NBB] ~~hlte~~ts". '1t~p~e.l.~pme'1t~l?r~FA" It, ~~:\,.~:j, '~<;ti]{f~r':~~ :~~ ~;J/~~ Ii ,::,"ta~t ~d'tor.of . ~t 614-224;7)115, or Ted.YolI"..,. ...l!i"tt;;n"t',on to'~Flo" r',d' aM'i ilier:p.roJects.Demg'Planne.(L~.'1 ' the PI~"nmg . ","~~'f ' '~",r .', .....#'\. '" J l,.{.~",,", f.Jtt."'t'. ~.... "...'l:-:t~\'";....., J,:\ . :i'mulh"oJth~GolumbusDivlsioh. :;;';;-p "h'i -'~dl ~'~r "';.Ww""~rl ,,...lndude_Southwpoa~n~aJ.Tal-;"~ .. ;;:r:,.'~'" Commissioners ~:!t'~. ~f]:r..' .. ''''" ,f. 0'1; an an e '?~_ >;.~r' t"~....I\"""..~'i~I." t"~~~." 'fi',..'l,: t "V,.,,_M~'''f.' 'J'. Ji ofiElectricity"'at'614-645-7038, \... .. \'..-,,(. .', /;.1.::""<-<:. .'....;;~:. 4..;t;;:..-;t~'~laH~see. '~ocatei::Lon~3;~OO {";.4. ';~~!1o~rnah and author of the quar- r'L ;,1: ~];'i:..., ..~.: ~ '~ ,~;~1 'Tk,~, Fl?rid~ pan~~gndl~:p)~~d~:(4~;~t~~~f r~llin~,p.t~~}~,', ,::t.:" ~r~ .:~~~";JY;f~i~~ ViSjt~~'co~u.nm on the ~ ~icle~~~t?orts " ' " bec~l!l~ the s~te ~f~.num~~~ 0~.(:~1~~~00? coul?~eye!1t.~any '. ~ ,~' PI~~ers Web. Comments and fon. He~ltiiEffects. " new towns W1thm:~e n'f,I',; :'::;';~~\l~<~th.ome to 12;pQp;residents..: ",",:su~<:<tions for future columns are f';~.'f"S . - "'51 : decade Ifplans bemg devel;-,; >. .::tft,lthough heanngs'on the . ", ", w. elcomed. Plerce'can he reached <.0 praw1,,: .' .,-"','" -,~;.\l'-.' '1'""/.');':"',,.,'.'-,' - ", : ",...-..' . ,'~ ': _<,..." ~;: 'h .'; ": '.,oped by,the state~~larges~ pri-, ' .~t>.~S~uthwood project are 'not set:. -,' ;.1", at: '. ~,~ " . Sprawl costs communities ':" vate-Iandowner, tl~e Sl.Jrie,~r ~.. ':'tb:b~&in until mid-~ummer, . "6 North Street, Middlebury, VT not only financially and aes- , Company, are realized. The: . th~ "company has been meeting 05753, or via email.at thetically, it also ~ontributes to communities, which are to be with citizen groups and state deanpierce@usa.net. health problems such as respi. created using neo-traditional ratory illness and stress, design principles, are part of according to an article by the company's strategy to Charles Schmidt published in expand while pursuing the June 1998 issue of Environ- "kinder and gentler" develop- mental Health Perspectives, the mem practices. journal of the National Insti- In something of a departure tute of Environmental Health from the norm, these large- Sciences. scale communities are being Sprawl can be difficult to planned for families and work- define, Schmidt notes. crs, as well as retirees. Inspira- Howc\'er, it has at least two lion for the S1. Joe projects characteristic features -" 't ,- "".n:~ oI" reliance on the aUlomobile;':oJ. -:'>~';.~f . '",., ;,", , .::,:,':'" , /..::;~~~~,: '.','i-:<!, .1 4; J-i "f;; PLANNING COMMISSIONERS JOURNAL PlannersWeb Checlt out our: . SpnA\VL RESOURCE GUIDE. PLANNING UNKS DlRECTORY . ROADWAY ACCESS MANAGEMENT. FULL INDEX TO TtlE PCJ . "SITE.VISITS" (lIId "GnOWING PAINS" COLUMNS . PlANNING VIE\VPOINT AlrrICLE$... (I1lt/mudl moft'. P L r\ N N I N G C 0 ~I ~\ I 5 5 ION E R S OUR N :\ L I N U :<.\ n E R 3 I !iITt'l 5 U ;\1 :'\\ E R ] I) 9 f> LOOKING AROUND Bicyclists and Pedestrians Belong! A'ld you prefer to live in a tX:here you have to drive everywhere for everything or would you prefer to live in a IOwn where you could walk, ride a bicycle, take pub- lic transportatio,n. or drive to get where you want to go? This question is at the heart of the debate over ho'w our transportation funds will be spent over the next five years. It also suggests that local govern- . ments need to do more to include bicycle and pedestrian elements in their long- range transportation plans. Transportation is about more than just roads. In many large European cities such as Copenhagen, Amsterdam, and Stuttgart, as many as 30% of all com- muters reach their jobs by bicycle. Does this mean that the Germans, Danes, and Dutch don't like cars? Of course not, they love cars. They simply don't have to use them all the time, because they have far more transportation choice than we do. High speed trains, electric trolleys, and extensive networks of bikeways and footpaths are all common throughout European cities and towns. Here in the U.s., every gallon of gaso- line carries a federal excise tax of 18.3 cents. While 4.3 cents is dedicated to reducing the federal deficit, the other 14 cents goes to transportation spending, Earlier this year, the U.s. Congress passed a $220 billion reauthorization of the lntermodal Surface Transportation Efficiency Act (lSTEAl. The new law pre- serves critical environmental programs such as those aimed at reducing air pol- lution and increasing funding for trans- portation enhancements, including bicycle and pedestrian facilities, rail- trails, and other non-motorized trans- portation alternatives. This means that ,. federal money will continue to be avail- able to state and local governments to better integrate walking and bicycling By Edward T. McMahon facilities into local transportation plans. [Editor's Note: For more on the ISTEA reauthorization, see page 10 of this issue). Despite the increase in funding for non-motorized transportation facilities, some state and local officials continue to think there is little public demand or support for bicycling and pedestrian facilities as part of a multi-modal trans- portation system. Nothing could be fur- ther from the truth. In fact, a recent Lake Research Poll of registered voters showed that 64% support using federal trans- portation dollars 10 build bicycle trails, bike lanes, and sidewalks. Even a majori- ty of those voters who do not ride bikes expressed support for federal funding of bicycle projects. Davis, California, a city of 55,000 people near Sacramento, has 35 miles of bike lanes (about a third of the city' 107 mile street network) and another 36 miles of separate off-road bike paths. The city also requires employers to provide secure bicycle parking and shower facili- ties. As a result, more than 20% of all trips in the city are by bicycle. The Davis school district has no school buses and provides very little on-site parking for cars. Instead, each school provides secure, supervised bike racks. Thousands of students ride bikes or walks to school. One busy intersection alone sees a peak of 1,100 bicycles an hour. While Davis is an exceptional exam- ple, a 1995 Louis Harris poll found that a majority of Americans would be willing to ride a bicycle 10 work "at least occa- sionally" if they could do so on a safe bicycle lane or designated off-road path. Even more remarkably, 13% of all Ameri- cans said they would be willing to ride a bicycle to work on a "regular basis" if they had the facilities to do so. Visit any bicycle-friendly community and you will find large numbers of peo- ple traveling by bicycle. Eugene, Oregon; Tempe, Arizona; Seattle, Washington; Martha's Vineyard, Massachusetts; Palo Alto, California; Gainesville, Florida; Boulder, Colorado; and WashinglOn, DC, are just a few examples. Even cold weather communities like Madison, Wis- consin and Minneapolis, Minnesola have become bicycling meccas. Madison has more than 150 miles of bike trails and boasts of having more bicycles than cars. Among big cities, Minneapolis has one of America's most comprehensive bicycle planning programs. When Mayor Sharon Sayles Belton was first elected, she announced eight goals for the city. One of those goals was to make Min- neapolis "bicycle-friendly." In 1990, 1% of downtown commuters used bicycles, by 1998 it was almost 3%. The city's goal is 10%. Even in winter, over 2,000 cyclists a day commute lO downtown, which eliminates enough cars to fill the I' LAN N I N Co C () 1\1 ;-"'1 I 5 S I () N E R S J 0 U H ,'\! A I. I 0,: lJ :-",1 II I: It 3 I I S U 11.1 1\1 E nil) l) B .-~,."".,: cilY's Iargcsl parking garage. Minlleapolis, long-known for its interconnected nClwork of grecll\vays and parkways. has also built the nations first "bicycle freeway." The 3.5-milc Cedar Lake Trail allows commuters and recreational cyclists to travel to and from downlOwn Minneapolis on a pair of one- way 10-foot wide bicycle paths separated by a grassy median. The freeway even includes a separate parallel path for jog- gers and walkers, ECONOMIC BENEFITS Communities that build bike trails find that people start buying bicycles and related parts and accessories which in turn leads to jobs. In 1995 the bicycle industry produced and sold $5.2 billion worth of bicycles in the U.S. There are about 7,000 U.S. bicycle dealers, but these businesses are not evenly distributed throughout the coun- try. They are disproportionately located in bicycle-friendly communities. For example, in 1996, the Denver metropoli- tan area (population of 2 million) had 149 dealers. By contrast, the Atlanta metro area of over 3 million people had only 28 bicycle dealers. The difference resulted from almost 200 miles of paved, off-road bike trails in the Denver area compared to less than 20 in the Atlanta metropolitan area. There are other economic benefits as well - not the least of which is a reduc- tion in municipal expenditures, Fewer ~ On-Line . Comment - " "Our society suffers from alienation, isolation of those unable to drive, and associated social pathologies, Many blighted neighborhoods or marginal ones would greatly benefit from increased 'people presence' as opposed to 'automo- bile presence' on their streets. NalUral alliances between people wishing to have improved non-motorized transportation alternatives and residents wishing to free their neighborhoods from intrusive cut-through traffic and its ill elTeclS seem possible," ~ RellO J. Cecora, San MCHLOs, Tom r<lrs GIll lranslate into reduced ro,ld mainlenallce costs, slll<ll1cr parking lOIS, and less Illoney spent Oil expcnsive high- way improvement projects. Also, bicycle paths and walking trails are among America's most popular recrefllional facilities, rt,,::I~,r. ." '."", :''-~J;':' ". ''',',' ~';:;,.,~:, L....;,.~;:~,-, ~~ ,. -I':"r,il" ,h,.. " '1.". ,."h....','". "/l' "to ---... ~J -, >..'~Th .;j~~F ..~ J~~~~f?~;~~;::. J::':-~~Y v'....t;,'.., ,"r ~:i""".)".,~........., -"'t"''f:.'._' " ' j """. t "',', ""'. "':t.:<'.':~~"'.;...t, ";'" .~'-".<.4..;;;:': , ". '.'~,' ",' l?.-!..".:_L ~ "':" '.' 'A-."S:~"'j; ;- '" ,....,~'.:',~!'*',.w: ;- ,,. .':-t"."r.....\ ._',/.... i.l~~f};~~~~ Bicyclists can race trains in Minneapolis, HEALTH AND PHYStCAL FITNESS BENEFITS Coronary heart disease is America's leading cause of death and physical inac- tivity is the single greatest risk factor leading 10 coronary heart disease. As a result, exercise is especially important to improving public health. Bicycling and walking can help to fill America's physi- cal inactivity void and make a major con- tribution to public health. A recent publication of the U.s. Cen- ter for Disease Control, Promoting Physi- cal Activity Among Adults, states that "the most effective activity regimes may be those that are modest in intensity, indi- vidualized and incorporated into daily activity." Bicycling or walking 10 work, school, shopping, or elsewhere as part of a regular day-to-day routine can be both a sustainable and time efficient exercise regimen. It also accomplishes two activi- ties at once - travel and exercise, ENVIRONMENTAL BENEFITS Bicycling and walking also provide a variety of environmental benefits. Fewer trips by motor vehicles means less air pollution, It also means stores and busi- nesses will need fewer parking spaces which in turn reduces stormwater run- off and non-point source pollution. The state of Minnesota estimates the public savings from reduced pollution, oil import, and congestioll COSh ,II hl'IWl'l'll 5 amI 22 cenls for every ;w!olllOhile lllile displaced by bicycling or walking. Although distance and increased time are frequently cited as reasollS for Ilot bicycling or walking, data from the U.s. Depanment of Transportation show that more than a quarter of all trips arc one mile or less; almost half are three miles or less; and two-thirds are five miles or less. Moreover, 53% of all Americans live less than two miles from the closest public transportation route, making a multi- modal bicycle or walk-to transit trip an attractive possibility. Once again, the biggest deterrent to increased non-motorized transponation is lack of facilities, not distance. Even in the sprawling Chicago metropolitan area, the U.S. Department of Transportation found that "census zones, where five lin- ear trails exist averaged almost 16% of commuter trips by bicycle, compared to only 1% for the region as a whole." I recognize that bicycle commuting is not feasible in some rural areas, and that many people, no matter where they live, will never seriously consider bicycling or walking as a transponation option, But given the choice - and the availability of facilities - millions of Americans in small towns, big cities, and suburbs, would choose to bike or walk more often. What is unmistakable is that the eco- nomic, social, and environmental bene- fits of reducing our reliance on the automobile are immense. Planning com- missioners need to seriously consider developing a bicycling and pedestrian plan as part of their overall transporta- tion planning strategy. Clearly, bicyclists and pedestrians belong! . Edward McMahon is a land use planner; attorney, and director of The Con- servation Funds "Ameri. can Grcenways Program," He is former presidenf of Scenic America, a national Ilon-projit organization devoted to protecting Amcrica:~ scenic lane/scapes, McMal1ol15 columll appears in each issllc oj thc PC). PLANNING COJ\'IMtSSIONERS .I0UnNI\L I NUMBER 31 I SUMMER 1998 ~~rt1'l FEATURE Putting Growth In Its Place ,~"',,' :<~,~:U)st communities would like to"g';'ve something. It might be environmentally-sensitive areas, farmland, historic land- marks, open space, or other places with special significance. But there is typically a dilemma. Elect- ed officials are often reluc- tant to impose restrictive land use controls on prop- erty owners without pro- viding some. form of compensation. However, most communities have little or no money avail- able for compensation. Some communities address this dilemma by adopting what is called a "transfer of development rights" or TDR program. TDR is a market-based technique that encourages the voluntary transfer of growth from places where a community would like to see less development (called sending areas) to places where a community would like to see more development (called receiving areas). tn this process, development pays for preservation. With TDR, a community motivates sending site owners to record permanent deed restrictions on their property, forev- er ensuring that the land will only be used for approved activities such as farm- ing, conservation, or passive recreation, When these deed-restrictions are record- ed, transferable development rights, or TDRs, are crea~ed, Sending site owners are compensated for their reduccd devel- opment potential by being able to sell their TDRs to the developers of receiving sites. In the receiving areas, a TDR-based zoning code offers developers a choice. WITH TRANSFER OF DEVELOPMENT RIGHTS by Rich Pruelz, AIel' option despite the extra cost of having to buy the development rights. j:) L.';"g TDRs: A Basic Example, p, 15 Not all TD R programs are successful. But when a community creates the components needed for a TDR market, everybody wins, Sending site owners are compensated for per- manently preserving their properties. Receiving site developers enjoy greater returns even though they have to buy TDRs. And communities achieve their land use goals using private sector money rather than tax dollars. If TDR Is So Great, Why Doesn't Everyone Use It? As I learned by send- ing questionnaires to the 3,500 largest communi- ties in the country, many people still con- sider TDR to be experimental. But. in fact, it is not a recent innovation. TDR has been in use for thirty years in the United States, dating back to the New York City Landmarks Preservation Law of 1968. Nor is TDR untested. My sun'ey uncovered 112 TDR programs in 25 states across the country. Of these 112 TDR programs, 47 are in cities, 30 in counties, and 30 in towns; another five programs are multi-jurisdictional, allow- ing transfers between different munici- palities. While most programs are relatively small in scale, some programs have permanently preserved large amounts of land: 29,000 acres in Mont- gomery County, Maryland; 15,000 acres in the New Jersey Pinclands; and 5.000 acres in Calvert COUllty, M<lryland. Some survey respondents reponed The process of preparing a TDR ordinance helped Monterey COUtHy. California recognize the need to preserve the spectacular sanoy of Big Sur: Developers who decide not to buy TDRs are allowed less development on the receiving sites. But developers who pur- chase TDRs are allowed extra develop- ment, or bonus density. When a program is well designed, the extra revenues from higher-density projects make it more profitable for developers to use the TOR I' LAN N I N r; C (,) M Ivl I S ~ 1 () N I: I~ ~ I 0 () l~ ,\! ,.\ L I N lJ :-'1 13 E I~ 1 1 I S U ~vl M E H I I) I) H Iholt Ihe)' do not liSt' TDR hecause then: is lillk or no open space or farmland Ich in their comlllllllili(~s. Admlltedly, of the 112 TDR programs identified, most arc aimed at saving undeveloped <lre<lS (63 focus on preserving ecologic<llly.sensi- tive areas, natural resources, and open space; 21 on protecting agricultural land and rural character). But more than two dozen programs are designed to work in fully-developed communities by pre- serving historic landmarks, revitalizing downtowns, creating housing, protect- ing infrastructure capacity, encouraging desirable land uses, and promoting appropriate urban design. See, e.g., the sidebar on San Francisco's program aimed at historic preservation, on p. 19 Many respondents reported that they don't use TDR because their communi- ties prefer to rely on traditional zoning and outright acquisition for preserva- tion. This reliance is ironic since most of the respondents predicted that they will achieve no more than half of their land use goals given the strength of their pre- sent zoning controls and the amount of funding currently available for acquisi- tion, In fact, acquisition dollars can go fur- ther when used in conjunction with a TDR program. For example, a commu- nity can buy development rights itself and then resell these TDRs, using the proceeds to replenish a revolving fund which can be used over and over rather than for a single, one-time acquisition. Finally, many people assume that TDR is used primarily as a legal defense against takings challenges - claims that a regulation goes so far that it "takes" private property for public use without just compensation. People who make that assumption are justifiably skeptical of TDR because the courts have not as yet directly ruled on TDR's role in the takings issue. The case of Suitum v. Tahoe Regio1lal Pla1l1li1lg Age1lcy, may eventually clarify TDR's ability to mitigate and/or compen- sate for takings. If the courts ultimately uphold the Tahoe Regional Planning Agency (which justified a prohibition on COlllillun/ olll'llgr 16 " Using TORs: A .. . G1 Basic Example /0( . Lets say you own a farm on a Lwo.lane rural rolIC] five miles from the nearest village, Under your countys zoning, you can create a maximum of seven rcsi- dentiallolS on your land, Of course, once you sell the lots, you will lose the income you currently receive from farming lhe land. However, because your community has a TOR program, and has included your land wilhin a designaled TOR "sending zone," you could choose to permanently deed restrict your land lO agricultural use, In return, you will receive "development rights or credits," You decide to deed- restrict your land and receive six develop- ment.rights ~from lhe county (calculated according lO a ~ormula in your the countys TDRordinance). Fi~e miles away, a developer named Smith:buys a parcel ofland wilhin an area J'." " the county.has designated as a TDR receiv- ing z'i:>be (be<;alise it is near utilities, trans- po~tron, public services, shopping, and , 'emploYment as,viell as existing develop- ment)} Smith could, by right, build on his site at:~ density of six units per acre. But, the TOR ordinance gives him the option of buildl#g at '" higher density if he makes use of development rights. Sirii'th contacts you about purchasing your-six developmenl righ.ts, which would allow:him to 'build a II-unit development He calculales that his. additional profit from building the.12-unil projecl will more lhan offscllhe eXpense of buying your devel<?p- ment.rights. You decide thal his offer is , ."~ ' ,,:ccep~ble, ,t,lpd .sell Smith your six develop- meni..~ghts, ..' . The end result: You continue to farm y~ur~~n'd ~hii~ gaining income from the sale o'f~yourp'~~perty's development rights. Smith!!:; abl'-to build a more profitable project The:. community meets its goal of preserving farmland without spending additional tax dollars, and without forcing propqty owners to forego development- related profits. c::tMontgOmery County, Maryland The southern half of Montgomery County, Maryland cOr1rains lhe cities of Bethesda, Silver Spring, Rockville, and other suburbs of Washington, O,c. To pre- serve the rural character of lhe northern half of [he County, the CounLy changed its agricultural zoning from one unit per two acres lO one unit per five acres in 1974, Nevertheless, sprawl consumed almosl 20 percent of the County's agricultural land in the 1970s. A County.appointed task force con- cluded thaUt would be far lOO costly to buy agricultural easements on all the land that needed to be preserved. In addition, the task force believed il would be unfair to simply downzone all farmland without pro- viding some fonn of compensation. Fur- lhermore, the task force concluded thal growth would have to be allowed in appro- priale areas in order lo avoid lhe unintend- ed effect of encouraging the development of large-lot estates on land zoned for agricul- tural preservation, Using these assumptions" the County adopted a comprehensive plan in 1980 designed specifically to be implemenled through TDR. The County rezoned a 91,OOO-acre agri- cultural reserve from a maximum density of one unit per five acres to one unit per 2S acres (this minimum lot requirement was based on a study indicating that 2S acres was lhe smalleSl farm lhat could function on a cash crop basis in Monlgomery Coun- ty). But property owners in the agriculrural reserve who agree to permanently deed reslricl their land for agricultural use are allowed to sell their developmenl rights at the rale of ~ne TOR per five acres. This five- to-one ratio provides an allraclive incentive for owners to sell their development rights rather lhan build on 2S-acre lots. The Counly designates receiving zones based on their proximily to transportation, urban services, and existing development. Within these receiving zones, developers are given a choice: develop without TDRs at a lower densily, or buy TORs and build at a higher density, The density bonuses are high enough that developers find it cheaper to buy development rights than acquire mn/jlll/ea 011 pnge 16 P LAN N I N G C 0 t\\ MIS 5 ION E R 5 J 0 URN A L I N U M B E R 3 I I 5 U M MER I 9 9 8 f?i.~81l L~~ 7_1 ,'''',", Montgomery County, Maryland continurdJrom pllgl~ 15 additional land. However, thl~ bonuses arc not so high that the additional develop- ment could overwhelm the capacity of the infrastructure system in the receiving areas. Except for projects providing afford- able housing, higher densities are only available for projects that make use of TORs. Since there is a market for higher. density development that can only be met by using transfers, there is a ~~ong demand for TDRs. As a result, over 29,000 acres of farmland have been perman'ently . '.' ..' preserved to ~te -..;,~~out o~e:'th.ird of the Co~niy's 91,OOO'acre gbaf .,:;," , ',." ,-" ,",.":'-., ~~eWJ~r~~, .. ~~PillelandS' ..' . . . . Th~' N~w j;rs~y Pin~iands is a on,~~milli6ri~ac!,~' ar~ oc~upyi!Ig. rnu~h of the south~tem.quarter of the state?f New Jersey. The ,area is agricuiturally pro- ductive, partiCularly for cranberries and blueberries. and contains one of tJ:1e largest and least polluted aquifers in the ,l.northeastem United States. Its swamps and forests are home to 1 ;200 species of plants and animals, causing it to he desig. nated as the country's first National Reserve in 1978. Following that designation, the State of New Jersey established the Pinelands Commission, a regional agency covering seven counties and 53 local jurisdictions. The State required all 60 communities to amend their plans and codes to conform with the PineIands Comprehensive Man- agement Plan,adopted in 1980. The Pinelands Co~prehenSive Management Plan is designed to be impkmented by various tools including federal and state land acquisition funding, land use con- trols, and TDR. The Plan includes strong environ~ mental protections for the 368,000 acres of land in the designated preservation and agricultural districts, However, landown- ers in these districts who rtcord conserva- tion easements on their property receive development rights (known as Pineland Development Credits or PDCs) which can be sold to'the developers of receiving sites located in 23 different jurisdictions, COlllinlled on /IeXl page Putting Growth In Its Place (flll!inunl fl'Olll pllg!' J.') development in certain designated envi- ronmental zones by the avail.ability or TDRs to the owners of undevelopable parcels), we can expect a significant increas.e in the use or TOR. But a loss for the Tahoe RPA is nol likely to have a signili.cant effect on most TDR programs because unlike the Tahoe The Tahoe Regional Planning Agency,jormed by the states of California and Nevada, uses four TDR techniques within a 207,OOO-acre basin to minimize further degradation oj Lake TahoeS warer clarity. program few other TDR programs prohibit all development on sending sites. Of the 112 programs I surveyed, all but seven either allow some develop- ment on sending sites a~ a matter of right or provide a process for allowing some development under specified cir- cumstances (such as hardship or a demonstration that environmental impacts can be mitigated). In other words, almost all communities with TDR programs do not rely on TDR as their only legal defense against a takings claim. {Editors Nole: Marc delails all lhc Sui- rum case are available 011 the Plallllcrs\Vch site: wwwplall/lcrswrh.col11/rdrlltmIJ How Docs TDR Compare With Other Preservation Techniques? The best cOl11bill~Hion or preserva- lion techniques varies depending on the circumstances or the individual commu- nity. A community might be able to achieve its land use goals using only acquisition if it has relatively little land to preserve and sufficient public support to adopt funding mechanisms to pay for outright acquisition, But elsewhere, acquisition might only achieve a frac- tion of a community's goals since the public would not approve the funding needed for outright acquisition of all the land that needs to be preserved. Rather than use lax revenues, some communities generate the. funding for land acquisition through fees imposed on new development. However, since these fees are not collected until new development is approved, complete reliance on this method provides no protection for significant properties until development occurs and the fees , are collected. Many communities primarily rely on zoning, But how effective is zoning in protecting special natural areas, open space, farmland, and historic structures? To begin with, zoning does not pro- vide any form of permanent protection. Zoning evolves as roads and other infra- structure make outlying land more buildable. We are. all aware, also. that zoning can change as the local political winds shift. Moreover, many planners have come to recognize that zoning sometimes does not achieve its desired effect. For example, many communities thought they had safeguarded their rural areas with low density, large-lot zoning only 10 discover that many people were willing to buy and develop ten-, twenty- and thirty-acre lots for their country estates, farmettes, and ranchettes, Some communities have turned to newer zoning techniques such as clus- tering, allowing individual property owners 1O transfer denSity within a sin- gle parcel. Because no transactions are needed, property owners li.nd clustering very attractive, But clustering often allows the development or land (hat P L ^ N N ] N G COM MIS S ION E R S I l) U I~ N ,\ L I i\: IJ .\1 B E I~ "} I I S U ,\1 ",1 E ]{ I l) l) H ought to he preserved and, ironically, can end lip promoting the developmcnl of smallurban-slYlc enclaves in1.he mid- dle of rural areas. Even worse, some communities simply rezone land for higher densities without requiring TORs or any other form of preservation. Need- less 10 say, a developer will not pay for extra density when the community gives it away for free. Boulder County, Colorado has entered into inter- governmental agreements allowing transfers to receiving sites within the City of Boulde'r and two other incorporated ciries from sending sites with. in unincorporated areas of the County, Hhe this dairy fann ou<side the City ofLongmont. SUCCESS FACTORS In studying the 112 TDR programs uncovered in the survey, ] tried to identi- fy faclOrs that were more likely to con- tribute to a successful program. Since TDR markets are driven by supply and demand, a TDR program works best when it motivates sellers to sell and buy- ers to buy. 1. Encouraging TDR Sales TOR programs typically identify sending areas where TDRs will be made available to property owners. These are the areas that the community wants lO protect from over-development, such as important natural areas, farmland, hisLOric landmarks, and so on. The cOlllpellSillion offered property owners by TDRs ol"tt..:n makes it possihle ror communities to adopl slrong land use measures thai might Olhcrwise be con- sidered politically unacceptable, However, to be successful, a market for the development rights must be cre- ated. That means encouraging both the sale a"d the purchase of the develop- ment rights, Successful TDR programs encourage TDR sales by reducing the development potential of the sending sites through zoning restrictions, environmental regu- lations, farmland protection measures, and ordinances that require adequate public facilities before development can occur. In addition to prompting trans- fers, these sending site restrictions, of course, help to protect the resources that the communities want to save. Just as sending site owners need to be encouraged 10 sell their development rights, receiving site developers must be motivated to buy TDRs. Developers will only buy TORs if they can make a greater profit from a project that uses TDRs. Unfortunately, a number of TOR programs have failed to create enough of an incentive in their designated receiv- ing zones for developers to want to pur- chase TDRs - in other words, allowable densities are high enough without TORs that developers do not see enough rea- son to purchase TDRs. Similarly, some developers may avoid the higher density allowed by TOR because it would require the installation of sewerage or other infrastructure at prohibitive expense. Some communities address this problem through capital improve- ments in receiving areas. .2, Selecting Receiving Sites The selection of the receiving areas is also critical to the success of TDR pro- grams. Sometimes it has been difficult for rural communities to develop work- able receiving areas. Again, receiving areas will only work if there is sufficient demand for higher density development (allowing for use of the additional densi- ty provided by the development rights). (ontilJucdoll I'a~t' 18 colllinunl jrom jl/t'vi/Ju.\ I'~l.t;~ The receiving sites arc capable of accepting more than double the number of PDes that can be generated by the sending sites. This rmio is intended to ensure that the POCs will remain mar- ketable. Density bonuses are awarded to receiving sites as a maller of right to elim- inate any uncertainty that a developer might have about the ability to use TDR. }~~ Yf i~l'k' "'.:i~~ r,~tf~ ';)~;'~ '~,}". '~;'ff :'i~-; ~'i~ti I;....~~ ....':'J ...c;.w." -<". ., , "Ii:'- .i'j}! 10.' '/j~-\ "'."'l "":'~ ~'i,~\ ['.~d.l [~ ~~~ t"1i." ~~lVJ~'~MJ~~fJ;: p)i~'(~nds 'is h~m~-:to'som~ L: ~~~~?~.~o sP~9:7):otpl.a~ts. 'a.nd, ani?,1~ls., :~., , a~~h\idditio:;: i'h~ 'P~nelands Co'~xrtikion ~f~B~itors i~~rd~'~e.'~pp~ovalst ihrciugh~'ut, ... d,;'~ . ,:"'~" ->0... "'li,> ',-;,"-.<"~.,.:,,: ..~_,plannmg:ar.e~.t~.make s~f~~t~~t" ~,~>',. , munitieS,a're"orily aWarding" :i'ri'Heastd, or~;..;. ~.""". ",,'1", .:' , . -"'. ~'. '.'. '-.. :'-'''....... , ensity t6~deveii:ipinenlSthat:use !lOcSe". . . "'. ' . ,.\-", "A .-' , "." ,", ~,...' . ";'The'S_~te".of:~~{ew Jersey. ;main~inS:a "'.:' , ". ;,.1'. ~. ..' 't" " ~.-- - ",- "', . " in,"e!an~,Bex,~~6~~e~t; ~re~~~..l!a.~~;~(a uyer offl;iSLresort;" although,most:PDC . . ''';;!j;",,''~\'.'-I'~lj ~. . - " , "'v' :'. ~', risacti6'nS:af(~~'hiuidled privately.' The"l t"- .' ~.,,~ '. . '. ',".,1"' 'J:~"'i. "' ,lilte alsq"rnarkets the program;adminis- ,.- iI' .' '" Iff'" the ~riSfersi and provides firumdjig ~, f~r, in~'~ct~r.e i~prove~,ei1ts i~ r~~eiv- j,{'!"4:.:mg areas. 'Due to thIS ongomg support, as '1".' >.':';.well' as the comprehensive riature of the . 'original plan, the Pinelands program has permanently preseIVed over 15,000 acres of land to date. .~~t~. " . '/n ..-:?, ,"i~r ')~ ....~, ".:.,if/:~ .,f:.:.~l.; '<.;~il" ",,!j\F ~ ~,~~~;. {<..:U , ....~, " '~'5lh.{, ...~." , :,',t!ff' ,:.:~?;:t ,tl:, 'i""~ .~'~i~ '.'{,' PLANNING COMMISSIONERS JOURNAL I NUMBER 31 I SUt-.-l!\IER 1998 m Cupertino, ~California While most TDR programs transfer floor area or dwelling units, Cupertino, Califomia's program transfers vehicle trips. Cupertino, population 'lO,OOO, is locat- ed five miles west of downtown San Jose, California, In 1973, the City impos~d new development limits in its o,eAnzalStevens Creek' commercial corridor in order to keep traffic Mlhin the capacity of the street system. However, C?pertino r~cog~. nized that some land uses would he well below these deve1opmept~ ~~!llits while other uses would not be aq~e to locate ~ere without som7 relf~f.~~6m these limits. The City decided to uSe'a.'G~nsfer mechi:., . -'... . " nism to provide flexibi!i}y'i-~}ocating a':. mix of land uses anq.dellsi,~ies while stili. maintaining an oveian:'de_v.e:19pment.lim~( that could he accommo4ate:~by the iriuls..... portation system. " .,. Specifically, the dezel?pment limit is~ (. 16 one-way, peak-hour" ve~icle' trips per' acre of commerciallancl A manual devel- oped by the City lists the trip-generation rates for various land u~es. Through a Use Permit process, the Cil)' appr.oves trip transfers as long as a reasonable amount" of deve.lopmem pOlemial stays on the send- ing site to ensure the economic viability of that parcel. In Cupertino, receiving site developers are motivated to buy trips because there are few other mechanisms available for getting the exrra density they want. The sending site owners are motivated to sell b~cause the high demand for trip tights creates an attractive selling price. At one point, the estimated value of a trip tight reached $50,000. In fact, some developers acquired trip rights early in the program believing that their value would increase over time, Under the Cupertino program, trans- fers have been so active that the develop- ment capacity of the corridor has been reached. In the last transfer, a 785,000 square foot research and development office park was built using 322 trip rights purchased from three separate sending sites, In this transaction, Cupertino was able to allow its major employer, Apple Computer, to expand without overwhelm- ing the capacity of the City:; street system. Californi;\ amI Boulder COlI Ill)', Colorado. Rcgional programs \vork LVLIl hCllcl' at balancing scnding <lnd rccelving zones. The Tahoe Regional Planning Agency's TDR program, for example, provides for transfers of development rights among six dif~ fcrent communitics in the states of Cali- fornia and Nevada. The New Jersey Pinelands program involves cven more jurisdictions, c:;J New Jersey Pine/ands. p,J6 . 3. Facilitating Use ofTDRs ties approve trans. fers of development rights administra- tively, without public hearings or discre- tionary decisions. This approach can increase the use of TDRs since it gives developers greater ccrtainty over the cost, timing, and approval of their projects. Many communitics also facilitate transfers by treating TDRs as a commod- ity, available for sale to anyone at any time. In addition, some programs Putting Growth In Its Place ((Jlllillllcjlf/("'ll1(l,~I' /7 One ~pproach is for the cOlllmunity to consider designating village or hamlet areas wherc more concentrated develop- ment will be encouraged. TDRs can then , , , . By allowing the transjcr of righ!sJrom !hree separate sending sites, Cuper- fino, California was able to approve an office park for Apple Computer on this receiving site without overburdening the Cilys transportation system. be used to obtain the higher densities. Alternatively, some programs have overcome this problem when one or more jurisdictions with good rcceiving sitcs voluntarily agrec to accept rights transferred from sending sites in other jurisdictions, Such voluntary inter-juris- dictional transfcrs occur in Morgan Hill, Some communi. lJsill~ {/ TD/~ pr(J~/"(/m clesi~l1ed 10 protal lI1'C(lS .~{lhjrcl 10 1(/I1th/ides alld olher Il(lZllIds, P(lcijica, Cal~{llrlli(/ fJll'scrvnl Olis 20.(I('-r "luff IOf! ()\'l'do(/llil1,~ /lie p(/Cific OC('(/I1. I' LAN N I N G COM MIS S I {) N I: I{" J () lJ I{ N :\ L I N II :VI 1\ I; I{ \ I I S U ,\,1 i-I I: I.: I l) lJ K feature:l "TI)R h;lllk" which SlT\'{'S:lS;\ buyer and selicI' or TDRs when pri\':lll' transactions hecome too time consum. ing. Finally, the most successful TOR programs provide ongoing information to the general public, as well as staff sup- port and instructional materials to assist rDR buyers and sellers. ~Building Public Support A successful TDR program will mean more intense development at receiving sites. The community as a whole needs to understand and accept that this will occur. Community-wide, comprehen- sive planning effons are important in developing TDR programs. In the con- text of a comprehensive plan, the public is encouraged to identify areas where more intense development would be appropriate (i.e., the receiving areas) as well as areas that need to be preserved (Le., the sending areas). Not surprising- ly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDR. Just as comprehensive planning can be good for TDR, TDR can be good for comprehensive planning. Communities often face a certain pessimism when confronted with overwhelming prob- lems like urban sprawl. They recognize that they don't have the money needed to buy all of the land that ought to be saved; and they are reluctant to impose significant land use restrictions without compensating property owners for the resulting reduction in property values. An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided affected property owners with- out the use of tax dollars. This optimism can encourage the public 10 establish stronger land use protection goals. In Monterey County, California, the process of preparing a TDR-based plan helped the community Teach a consen- sus regarding the need to preserve the unique environment of the Big Sur. As a result, "critical viewshed" restrictions were imposed that prohibit any new development that would be visible from the Pacific Coast Highway. To mitigate the impact of 1l1cSl' Il'slricliotls, :dTlTIl'd properly oWllers reccivc dc\'cloPllll'lll rights, which can hl.: t rallsfLrred for use elsewhere. Thc TOR Illcchanism helped enable the county to Illove forward with its goal of preserving an outsl<lllding scenic resource, SUMMING UP: Transfer of development rights offers communities a way of saving environ- mentally sensitive areas, farmland, his- toric landmarks, and other imponant resources. TDR capitalizes on the ability . to separate development rights from other property rights. These develop- ment rights can then be moved from properties where development would be detrimental to properties where devel- opment would be beneficial. Just examining the feasibility of a TDR program can often benefit a com- munity. Once people realize they aren't powerless to shape their community's future, they can begin to think seriously about what is really important to them. They start to recognize the significance of surrounding farmlands, natural areas, historic resources - and begin asking questions about how these areas can be best preserved. TDRs mayor may not turn out to be part of the answer. But the)' can help stimulate the discussion.. Rick Pruet.t. AICp, is the City Planner for Bur- banI<, California. This article condenses some oj the material contained in Pruetz~ recently pub- lisht:d. Saved By Devel- opment: Preserving En- vironmental Areas, Farmland and Historic Landmarks With Transfer or Development Rights, a comprehensive guide fa TDR programs nationwide. For infonnalion on ordering Saved By Development, contact Arje Press. at: 310- 305-3568; email: arje@ibm,nel. ;'~;~~::it:f :';~ fi~~:;':~:--:.r:, ."ii.,/'",,,,;' :ij,1V"I\'-'.)-j ~'~.~~. "'~'>;"< .,.. .t...... .). '" .,'.... ,~~ ,n "..:-.- , );' ".,', Additional information on transfer of development rights ':'programs is now available on the Planners Web site at: www.planncrsweb.com/td r,html "., ,", \\ '.;~t y:. PLANNING COMMISSIONERS JOURNAl. I NUMBER 31 I SUMMER 1998 m PLANNING LAW PRIMER Transfer of Development Rights .nsfer of development rights ~;) has been part of the plan- ner's arsenal, at least in some jurisdictions, for a number of years, A TDR program can be used in either an urban or a rural setting, As a tool of open space preservation, it ca~ work as (allows. An area with sensi- tive natural resources is determined by planning and environmental officials to be unsuitable for development. Simply ban- ning development in this area, however, risks the threat of a takings lawsuit. Instead, the jurisdiction has a TDR pro- gram in place that provid,,, land owners in the preservation area with credits (Le., transferable development rights) which can be used to develop other lands in the community that are more suitable for building. The use of these credits means that land owners in the preservation area are being given some compensation for the restrictions on their property. See Note, The Suilum Case. However, TDRs need not be the only such compensation. Some right to devel- op may be left in the preservation area, albeit at a reduced density consistent with preservation objectives. Thus, the The Suitum Case Planners should be alert to a future u.s. Supreme Court ruling in Suitum v. Lahe Tahoe Regional Plan- ning Agency. The Supreme Court may decide whether providing TDRs to property owners can be used to defeat a takings claim, or whether TDRs can only be consid- ered in reducing the monetary lia- bility for a taking.-two very different outcomes, More informa- tion on the Suitum case is available at the PCJ's PlannersWeb site: www.plaoncrswcb.com/tdr.htI111 hy Peter Buchsbaum, Esq. , ,';, '. ..'.' ,';.- ..' Fora more detailed diSeussion i/fivR .' ~,' "'P'~.'N.": ' ". ":!,\', ..'.' };"tfi' . ", . programs; see "PlittirigDrowth in'ils'. :t~;.. A~I~c'i~it'hffPd;;iftr~bf'D~gj;;l;;ii;tt~' }", . <;:'\\:J;..: ..- :'~[~,:~:-Sf. "'''''k.._r'~w""",,;,-~,~;,~'V\,,:;:~~ ~,~ '!;,,, :8Jg1i4;\:::;;~m'p',ag~~llt(l,9~o.flt~!f..'1~s<<'eJ~\ h" ,\,<;"""'.a\-'f,,;.yt1;':"f\~.r.~{li'~" ':: ,~t.r"'i~;\~,,:\'..4?:~,Gf:l ~ ;1', .~1(t.:rZ~;:~;Yi~~; ::': :~f.:"..~~}:!~~".h.;;1~.'.i'.d.~:, preservation area would be significantly down-zoned in order to protect the land, with additional development credits being awarded to the land owner who may sell them to a developer who wishes to build elsewhere. TDRs can also be used as an urban , preservation tool. In the classic Penn Cen- tral case, decided by the United States Supreme Court in 1978 (438 U.s. 104), Penn Central was barred from using air rights over Grand Central Terminal to develop an office building. However, New York City provided Penn Central with development credits for its air rights. These credits could, in turn, be employed in nearby areas. In this way, preservation of the historic landmark occurred while Penn Central received some compensa- tion for the loss of its ability to build over the terminal. For TDR programs to work, the densi- ties permitted in the sending zone must be set sufficiently low so that developers are, in fact, discouraged from building. In the receiving zone, the credits must pack a sufficient denSity wallop to attract the in- terest of land owners who wish to develop. This means there must be public sup- port for the higher densities allowed in the receiving zone once the credits are transferred (and added to the as-of-right densities). For example, if a developer can build at four units per acre in the receiv- ing zone without development credits, but knows that there will be substantial resistance to development at seven units per acre with the credits, the developer will probably not be interested in purchas- ing any development rights, In developing a TOR program, realize that you may well CnCOllllter strong I' L i\ N N I N G C lJ i\.\ M r S S ION E I{ S J l) lJ R N t\ L I ,'\I U M n E R ~ r.'..,.!....,~ opposition in designating receiving areas. where higher densities would result from the use of the development rights. More- over, the usefulness of the development rights depends on the existence of sewer and water infrastructure in the receiving areas. TDR programs are also most likelr to work best if supplemented with other preservation policies, such as an active program of public open space acquisition. Finally, be aware that your state's laws may have a bearing on how you can struc- ture a TDR program, and what you mar need to take into account.. Peter Buchsbaum is a partner in tile Wood- bridge, New jersey, law finn ofGreenbawn, Rowe, Smith, Ravin, Davis and Himmel. He lias been involved in land use and affordable housing law for over twenty years. Buchsbaum previously authored, "Changing Ways in the Suburb" in PCj #23, Summer 1996, In Coming Issues of the PLANNING COMMISSIONERS I 99 8 PAS emo II AMERICAN PLANNING ASSOCIATION MAY 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A 16-foot-wid~ loop lane encircling a small park and urving seven homrs in the Hilkrest Park ntighborhood of Grand Junction is Jerving as a prototype for a m:w subdivision development standard. The Loop Lalle: A Cul-de-Sac Alternative By Mik, Pdt"i" The loop lane, a new sryle of neighborhood street that offers'a promising alternative to convemional cui. de-sacs, is in the process of being incorporated into residential development standards in Grand Juncrion, Colorado. The design evolved from an effort to improve newly developing subdivisions by assimilating the favorable Traits of existing high-quality developmems in Grand Junction. The design arremprs to meld the functionality of up-to-dare development standards and the quaim charm of traditional neighborhoods, with the added bonus of additional neighborhood park land. In Grand Junction, the loop lane is being modeled after the Hillcrest Park area of the ciry. which is a 60-by-lBO-foor park surrounded by a 12-foot lane. In 1995, Hillcrest Park residents were surveyed to determine how well the loop lane and park functioned, The survey addressed the use of the park (how often, for wha(, and by whom), parking, (rafflc speed, lane widdl, rraffic flow, and (he perceived value of the park, The survey show(:d chat residenrs do not have access problems and thar they use rhe park for a multitude of acriviry, even weddings, Sevcral'.said rhe park had helped creare communiry spirit. The loop lane concept is appc~lling to planners, residents, and developers because it can be builr :U a rehuivcly low cost and it adds a measure of livability to subdivisions, It he loop lane concept is appealing to planners, residents, and developers because it can be built at a relatively low cost and it adds a measure oflivabiliry to subdivisions. combines two attractive house sire amenities-a small useable park and a quiet access lane- without losing a buildable lot (see figure. page 3). While the vehicle dominates the cuI-de- sac, the pedestrian dominates the loop lane. More specifically, cars travel at low speeds, there are no parked cars for kids to dart out from behind, and the surrounding homes provide namral surveillance of the park. The design also encourages recessed garages and from porches, which emphasize the human e1emenc. In designing the loop lane prototype in Grand Junction, planners included several clements to ensure access and safecy, First, a 3D-foot minimum inside turning radius was established to accommodate service and emergency vehicles, Second, a m:lximum of seven homes in the loop was set to keep traffic and parking demand low so thac vehicle conflicts are minimized on the narrow lane. Gues( parking stalls were added at the end of the loop to hclp discourage parking on the lane, Finally, a maximum dcpdl of 250 feet from the cop of the loop to the abutting street was established [0 keep guest parking within a 125-foot walking distance of each home, Because the lane is narrow, it functions as a shared driveway rather than a street. A 12-ro-l G-foor lane width achieves a good Cross Section of the Loop Lane balance between vehicular :lccess and rhe need to discourage on. street parking and sp<:cdillg, It provides sufficiclH width for emergency vehicles while 31Jowing rwo vehicles to pass at slow speeds, A larger wieldl allowing on-strect parking would unnecessarily compromise the aesthetics, the safety of playing children, and the imimarc neighborhood scale, While the lane generally functions as a one.way street, designating it as such is unnecessary because of th(: low traffic. The 12-ro-16-foOl width ensures sufficient access for homeowners, as well as fire trucks and garbage trucks. Fire trucks have (wo accesses and can (Urn around without performing a 3-poinr turn, as cui. dc-sacs with parked cars normally require. While the lane width is [ypical of priva[e1y owned shared driveways, service vehicles can easily nego[ia[e [he lane wi[hoU[ backing up, In Grand Juncdon i[ was de[ermined [ha[ [he lanes should be publicly owned [Q allow for garbage collec[ion, and for police [Q enforce parking resnicdons, L--2s,--L'6'Lane Garage Selbad: (min.) ~ ~ ~ ~ ~~':((::':~J::li~' ,~'.\:{:;~i;,~N)~llJ;-;\m~:;:~ 1,~:1r!~~'p \ ~"r;':.: ,:.~' -A~'"..4!~j;~t\}~~},!Z;":":/. ,';6' ;,.I.'!)..-; ,."<&.l,~"".. " ;<~~:.~.~...?...it.J, "2;r<;J:; 't}t:~~:~.,;,' '~'SJ!.\:tf.._" ~":n~V~'~fJ>...',,,'r',".{~' "J!'lo-t,..:t"'l 1::';1Y~':; ;:: :~\. ~;. ',~:~:'~ ~~~I"~~' . ~ '~~i~~~~- ,.)- ',. ~.. , ~~~~.... "'t. ~...... ~~~~~'.i16< ". .",.;., '-:'~ .J..... <~" I;. ,~!i\~"." . ... "1,"..1 ,.t.' "-oI.il't;'!f,,~tl'".iIf(l."! ". :14 ~{'--:..~ ',"".' ....,. h~"""' ."'"~., '\",._ . ' ~-J' ,,',. T'li I',~ " r..~.. ,~ll. W '.'1 l'_'" 'f ;:,,'.)-.,"'"11.' -l:1, t 'JI':),:-~.#-:~)t; ""'\l~"'" <""If."_l' ...':,'~tI".., ~., :12;,.'~"1 ~"\.'-,,, ~..~~t"fl~"'';'" :::::.'~~' .....~ ~"f :..:~ ~iY;i .'.O:d: ~~ ~f~:';"~~~,: ~~~b{ " _~"~ The loop does not significandy compromise the street connec[ions in [he surrounding area. since it has a maximum length of250 feet. In situations [hat require more pedesuian connectivity. such as loop lanes near schools, a cu[-through can be added at the end of [he loop, Drivers also benefit from the relatively shorr lengdl because [hey Can ea~"ily tell that the loop Mike Pelletier is an associate planner with (be City ofGnmd Junction, Colorado. He has a masters degree in pl(l1lningftom Virginia Tech, He can be reached at (970) 244-1442. 2 docs not go dlfOUgh hefore pulling in, which is not always illlllledi~lIdy evident (0 drivers elHering longer cul-de*sacs, Therefore, the loop provides the low traffic environment people desire, while allowing higher-order streets [Q provide the necessary connec[ivity, The resuh is a hybrid between a grid and curvilinear street sysren1 [ha[ incorporates [he best of both. Bccause the lane resembles a driveway in terms of wid[h and vehicle speeds, pedestrians can share dle lane wi[h vehicles. Thus sidewalks are nceded only on the abu[[ing s[ree[, not in [he lane, Prohibi[ing on-stree[ parking on [he lane can help prevem [he asphal[ edge from unraveling. Widl this in mind, an undefined edge of [tirf and gravel can be used in lieu of curbs and guuers if favorable drainage conditions exisL This can help create a "rural" feel in an urban seuing. which many people desire. The scale of the loop and rela[ivcly low traffic noise make shallow building se[backs anQ[her op[ion. The park in the .. 60' Park and Utility Easement _),.porc~~ 18' ROW--+14' House Setbacks (min,) (Above) A cross section of the loop lane illustrates the garage and porch setbacks. and the size of the park in "lation to th, front yards. (Lifi) A lan, of 16fm (121'<1 ofpav,mmt and two, two-ftot grav~1 shouldrrs) ensures sufficient access jOr homeowners and serviu vehicks. cemer of dle loop creates a large separa[ion between [he homes and provides an alterna[ive location for mili[ics chat would odlerwise be placed in the from yard, This allows smaller from yards cha[ help offse[ [he land used by dle park, Garages are significandy recessed, funher emphasizing a human scale. The setbacks shown in the cross section recess (he garage 18 fee[ behind the porch and II fect behind [he hOllse. Case estimaces show the loop lane (excluding landscaping) (0 be very similar (0 a cul-de-sac. Both designs require roughly the sallle alllount of asphalt and have similar mility cx[cnsion COS[s, Although the loop lane doe_~ nor require concrete sidew:.dks, drainage conditions may dictate curbs and guners on both sides of the lane, If curbs and guuers are not used, the savings will offset some of the landscaping coSts. Maintenance COStS for the grass and trees should be reasonable when spread ou{ over the number of homes surrounding and near the park. It is important that the surrounding residents have a sense of ownership of the park, especially if they are charged with maintaining it, Froncs of homes surround the park, and its rectangular shape is suitable for many activities, The park's small size controls maintenance costs and tends not to attract users who would come by automobile, since generally they would prefer larger parks with playground equi.pment. This helps alleviate concerns that homeowners are maintaining a park for noncontributing people. Despite the park's small size, it functions as well or better than many larger parks because of its shape and safe surroundings. Th. prototypical loop Ian. is 250 fiet in length, accommodates seven lots, and h,'1s a lane width oj 16 Jut. It is similar in overall size to a convem;onal cul-de-sac. Residential Street Steps for Developing a Loop Lane Standard The loop lane concept is a readily adaptable tool for communities seeking an alternative to cul-de-sacs or seeking efficient and COSt- effective active open space designs. Twelve steps for developing a loop lane standard are presenced here, with specific details on how some of the issues are being addressed in Grand Junction, I. Determine the optimal lane width. Setting the lane width should be based on goals of discouraging on-street parking, providing vehicular access (including emergency), and encouraging slow speeds for pedestrian safery, In Grand Junction, a lane width of 16 feet was determined to be optimal. Wide streets are out of scale with the design concept. On-street parking on the outside edge of the loop reduces the functional width of the lane, can hinder access by emergency vehicles, and decreases safety for children because drivers cannot see them behind parked cars, Because the lane is shared by vehicles and pedestrians, sidewalks are nOt needed, Local officials in Grand Junction familiar with Americans with Disabilities Act requirements accepted the elimination of sidewalks, A l6-foot width for sh:::!red driveways is recommended by rhe American Society of Civil Engineers, the Na(ional Association of I-lame Builders, and the Urhan Land lns(i(U(e in Residential Stret'ts (1990). Shared driveways are dcscrihcd ;'IS "an economical and anr;'lcrive method of serving lip to five or six homcs," The shared driveway "should be just widc enough for two cars to pass, i,e" approximately 16 feel." Grand Junction's loop lane is conserv:uivc in comparison because it has a maximum of seven hOll1.es in a looped configurarion or 3,5 homes on each side of the loop, - H Two-way _ Sidewalk "-. 2. Provide a sufficient turning radius to accommodate the largest vehicle used in residential areas. In Grand Junction, the fire department requested an inside turning radius of 30 feet, which is greater than the turning radii required by moving vans and garbage trucks. As long as minimum turning radii are met, the shape of the loop lane can curve or meander. This allows flexibility for site specific conditions, such as topography and parcel shapes, 3. Designate the loop as either one-way or two-way. If the lane is 16 feet wide, then a cwo-way designation is certainly appropriate,,since passenger vehicles can pass each other at low speeds, If the lane is 12 feet wide, then a one-way designation may seem appropriate. However, enforcement would be costly and unnecessary since the problems creared are generally only an inconvenience and not safety relared. Regardless of its designation, the separacion of rhe two ends of the lane are close enough that most vehicles enrering the loop will use it as a one-way, However, the homes closer to the street will likely take the shortest route when entering and leaving the loop. One Hillcrest Park residenr said thac he passes another vehicle in the lane roughly twice a year. When that occurs, an individual driveway or gravel shoulder can provide space fi)f pulling to the side when cwo cars must pass one :lIlorher. 3 4. Determine the maximum number of homes or .'mount of traffic on the loop. Based on the experience with Hillcrest Park. seven single-family homes generate a daily traffic count suitable for a 16.foOl-wide looped lane with a depth of250 feer. Also, it docs not create a guest parking demand th:H detracts from the design of the park by requiring too many spaces. 5. Establish a maximum length from the street to the end of the loop. Considerations for determining the length include the need for convenient guest parking. fire department concerns, and the need to discourage speeding. A depth of 250 feet provides guest parking areas at a reasonable walking distance to all homes and limits lane sections to a length that does not encourage speeding. In addition. the length does not significanrly derraC( from the overall street connectivity, 6. Determine the number of on-street and off-street parking spaces per home. Requiring four on-site spaces per home and one off-street space per home is fairly conservative. This normally equates to a cwo-car garage with two spaces in front of the garage. The loop lane design can easily accommodate one off-site guest parking space per home. This amount exceeds a typical standard found in parking literature, which is one off- site space per two homes. Stalls at end of a loop are convenient and essentially widen the path for large vehicles making a turn at the end of the loop. Guest parking stalls also provide a sizable place for activities requiring a hard surface, $lIch as basketball. Parallel parking spaces along the straight sections of the lane decrease the aesthetics of the park and widen the lane unnecessarily. Instead, patking spaces can be provided on the adjacent street in front of both the park and the comer homes. Since a driveway width equals the length of one parallel parking space, requiring corner homes to access their garages off the lane CI'eares two spaces along the adjacent street. 7. Establish a minimum separation between the two ends of the loop lane on the abutting street. Requiring a distance twice rhat of the minimum inside turning radius (e.g,. a 30-foot turning radius would require a minimum 60- foot lane separation) encourages a rectangular park, which is a funccional shape. The minimum separation also minimizes significant traffic conflicts for vehicles entering and exiting the loop off of collector and residemial streets. 8. Determine the location of utilities. Wet and dry utilities can be located either in the park or in the front yards of the homes, It is important to locate any utility pedestals along the side of the park so that they do not interfere with activities. Locating utilities in the park allows for a single line in as opposed to the looped system needed when using front yards, This savings is offset by longer service lines and the need for conduit underneath the lane. The cost of Ihe twO melhods is roughly equal. 9. Decide if the park should be used for storm water detention. This uses land efficiently, however, only gentle slopes should be allowed. (Q maintain the park's recreational function, In addition, plowed snow or evell an ice rink can be placed in the park. 4 10. Determine if curbs and gutters should be required. Curbs and guucrs are needed for drainage, street sweeping, and to protect the edge of asph:J.lt from unraveling under suess from parked cars. Since cars will not be parking on the lane, unraveling is less of a problem. Thus, curbs and gutters arc needed only for drainage or if street sweeping is desired, With small building setbacks, curbing provides a desirable hard edge, With large building setbacks and no curb, a sofl undefined edge can create a rural feel. The amount of asphalt and utility costs are roughly the same for both a cul-de-sac and a loop lane, Essentially, if curbs and gutters arc placed on the outside of a loop lane, the cost will roughly equate to a standard cul-de-sac, excluding the landscaping costs. If curbs and gutters are not used then the savings will help offset the cost of landscaping the park, Developers should be required to install landscaping and irrigation. After the lane is developed, the park may remain public, or become privately owned and maintained by a homeowners assoCiation. 11. Determine the porch, house and garage setbacks. If utilities are placed in the park, smaller front yards are possible, Setbacks of seven feet for the porches and 14 feet for houses may be appropriate. Porches can buffer houses from the lane, In addition, the porch setback can provide. for example, eight feet (7 feet plus 1 foot of right-of-way) of landscaping area rhat provides adequate room for a shade tree. For a 16-foot-wide lane, garages should have a 25-foot setback with driveway flare radii of five feet. This is based on the ruming radius of a 7-by-19-foot vehicle (i.e., Chevy Suburban) coming off a 16-foot-wide lane. 12. Decide who will own and maintain the lane and the park. The lane should remain a public strect to provide sufficient access for public services, such as garbage collection and street sweeping. It also allows the police to enforce parking restrictions on the lane. Developers should be required to install landscaping and irrigation if needed. After the park is developed, it may remain public. or become privately owned and maintained by a homeowners association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The PAS M~m(J is a monthly publication for subscribers 10 lhe Planning Advisory Service, a subscription research scrvice of the American Planning Association: Frank S. So, Executive Director; William R. Kldn, DirCClOr of Resurch. The PAS MrmD is produced by ArA suff in Chicag". Research and wridng by Research Dcpurmc01 staff: Marya Morris and Mtgan Lew;s, Editors, ProduClion by Publiolions Dcputmcm naff: Cynthia Chcski, Assisfanl Edilor; Lisa BaHnn, D~sign Associat~, Copyright 101998 by Am~riC:ln Planning Associari"n, 122 S. Michigan Ave" Suire 1600, Chicago. IL 60603. e-mail; pasmemo@pl~nning,org, The American Planning Association has headquarlets offices at 1776 Massadw.\cm Ave.. N.W.. Washington, DC 20036. All tights reserved, No pan of Ihis publicllion may be rqHuduced or utilized in any form (}r by any llleans, e1~C\fonic or mechanical, including I'hUlOcupying, recording. or by any information stotage and relrieval 'ysrem, wilhoUl pcrmil,joll in wriling from the Amc:rican Planning Association, Primed on recycled paper, including ~0-70% recycled fib~r and 10% puscconsumer waste. @