Ch 17 Smart Growth Management

8/3/2019 Ch 17 Smart Growth Management

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The Death of the Fringe SuburbCHRISTOPHER B. LEINBERGER, New York Times, Nov 25, 2011

http://www.nytimes.com/2011/11/26/opinion/the-death-of-the-fringe-

suburb.html?_r=1&scp=5&sq=sprawl&st=cse


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Environmental Land Protection

and Response to Sprawl

The Design response: New Urbanism, etc.

The Government response: Smart Growththrough Growth Management

The Local response: where most of the action is.

The Regional response: The Regional City?

The State response: State-wide and critical areas

The Federal response: mostly indirect effects


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Growth Management

Government policies, plans, investments,incentives, and regulations to guide the type,

amount, location, timing, and cost ofdevelopment to achieve

a responsible balance between the protectionof the natural environment and the

development to support growth, a responsible fit between development and

necessary infrastructure, and

enhanced quality of community life.


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Smart GrowthEmphasizes development in areas of

existing infrastructure and de-

emphasizes development in areas less

suitable for development.

By doing so, it supports and enhances

existing communities, conservesnatural and working landscapes, and

saves the cost of new infrastructure.


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U.S. EPAs Ten Principles for Smart Growth

1. Preserve Open Space, Farmland, Natural Beauty and Critical

Environmental Areas

2. Strengthen and Direct Development Towards Existing

Communities

3. Take Advantage of Compact Building Design

4. Mix Land Uses

5. Create Range of Housing Opportunities and Choices

6. Provide a Variety of Transportation Choices

7. Create Walkable Neighborhoods

8. Foster Distinctive, Attractive Communities with a Strong Sense ofPlace

9. Encourage Community and Stakeholder Collaboration

10. Make Development Decisions Predictable, Fair and Cost Effective


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Smart Growth Scorecard


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Smart Growth Management Tools

Planning Comprehensive Planning

Implementation plans: infrastructure, acquisition

Regulatory Tools

Conventional zoning

Innovative regulations: overlay, cluster, performance

Non-regulatory Tools

Infrastructure investment: sewer, water, roads

Land acquisition

Tax policies


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The Planning Process I

Inventory

What do we have?

Needs AssessmentWhat are our problems, objectives, priorities?

Formulating Strategies, Plans, Programs

What should we do? Implementation and Monitoring

Lets do it! (an learn from it)


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Community Planning Framework1. Intelligence: Background Data and Planning Analysis

Land use intelligence involves environmental inventorying and mapping, suitability and carrying

capacity analysis, and assessment of land use perceptions. Planning intelligence is used in theprocess of general, functional, and district planning.

2. The Network of Plans and Plan Making

a. Regional or Area-wide Plan

b. Long Range General or Comprehensive Community-wide Plan

c. Community-wide Land Use Plan is visual and spatial manifestation of the long range plan.

d. Community-wide Functional Plans address single topics including transportation, infrastructure,

housing, economic development, natural environment, green infrastructure, climate action, etc.

e. District and Small-area Plans focus on a neighborhood, central business district, TOD

redevelopment area, or environmental preservation area. The land use plan for a community comes

to life in these district or neighborhood plans.

3. Implementation Plans and ProgramsImplementation plans and programs address the actions necessary to realize the vision, objectives,

and strategies of the general, district, and functional plans. Actions include zoning and development

regulations, capital improvement plans and budgets, tax policies, and other programs.

4. Building Community Consensus

Although listed separately here, building community consensus through stakeholder involvement

and collaborative planning is necessary throughout the planning process.


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The Local Comprehensive or General Plan

The Comprehensive Plan provides a vision adopted bythe community and the technical and political basisfor growth management and local governmentprograms. Prepared every 4-10 years, the plan has a

10-50 year time horizon.

Vision of the Community

Statement of Community Policies

Strategic Plan: Goals, Objectives, Strategies Functional or Community-wide Topical Chapters:

Natural Environment, Land Use, Parks and Recreation,Utilities, Transportation, Housing, Public Safety

District or Sector Plans: Neighborhood plans


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Contents of Blacksburg 2007 Comprehensive Plan


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Plans can change:

Proposed amendments

to Loudoun Countys

Comprehensive Plan

14,000 signed petitions

at election precincts

In November 2005

Board rejected plans for

33,000 units in

November 2006


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Growth Management Tools

Planning

Comprehensive Planning


Regulatory Tools Conventional zoning


Non-regulatory Tools Infrastructure investment: sewer, water, roads

Land acquisition

Tax policies


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Property Law and the Takings Issue

10th Amendment to Constitution grants government police power

to protect public health & welfare. 5th Amendment protects private property; the takings clause

requires just compensation when government affects a taking ofproperty.

Key issues in determining if regulations are an appropriate

use of the police power: The regulation must substantially advance legitimate state

interests. The "legitimate state interests" must be based onthe prevention of public harm rather than the provision ofpublic benefit.

The regulation involves a connection (nexus) between thepotential private action and achieving the state interest.

The regulation does not deny an owner reasonable use ofhis property. Reasonable use often involves a balancing testof state interests vs. economic impact on the owner.


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Lucas Property:

Lucas vs. South Carolina Coastal Council, 1992


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Blacksburg

Zoning Ordinance

L d U R l i f G h M


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Land Use Regulations for Growth Management

and Environmental Protection

Conventional Zoning:

Use and density restrictions, often some design standards, e.g., setbacks.For environmental objectives, large-lot zoning sometimes used.

Subdivision Ordinance:

Requirements for layout of streets, drainage, water, sewer, etc., to

achieveorderly development

at the land subdivision stage.

Agricultural Zoning: Exclusive: prohibits construction of non-farm buildings. Possible

takings conflicts, but often supported in courts when part ofcomprehensive planning and when development areas are specified.

Non-exclusive: allows limited amount of non-farm development

Large-lot zoning: may actually convert farmland to development at afaster rate.

Sliding-scale zoning: # units per acre decreases as parcel size

increases; also, maximum acreage per development unit (eg, 2 acres).


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Sliding Scale Zoning

The number of parcels allowed per acre decreases with the

size of the parcel. This aims to protect large parcels and

protect the agricultural land and the rural landscape.



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and Environmental Protection (cont.) Overlay Zoning:

Aims to protect environmental resources or safeguard in natural hazard areas.

Overlay District is determined by boundaries of environmental resource orhazard and are place on top of existing zoning.

In Overlay District special additional land use restrictions apply, such asrestricted development, extra standards, or extra documentation.

Used for floodplain zones, seismic hazards, wellhead protection areas,

watersheds, habitat zones, riparian zones.

Conservation, Open Space or Cluster Zoning: Provides density transfers on-site to enable clustering/concentrating

development on buildable areas while leaving permanently undisturbed openspace on sensitive areas.

Conditional Zoning: While zoned for a specific use (e.g., high density residential, large scale

commercial, industrial), this zone requires special use permit beforeapproval.

Special use permit may require exactions or impact fees and gives localofficials negotiating leverage.


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Overlay Zoning

For Watershed and Wellhead protection


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Blacksburg

Zoning Ordinance


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F i f C E i l Q li C id (EQC)


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Fairfax Countys Environmental Quality Corridor (EQC)


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On-Site Density Transfers and Bonuses

Density Bonus Options in Isle of Wight County, VAOption A provides 1 unit per 5 acres and requires 50% open space

Option B, if open space increased to 70%, there is a 100% density bonus



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Land Use Regulations for Growth Managementand Environmental Protection (cont.)

Performance Zoning: Requires meeting certain performance criteria rather than prescriptive standards.

Flexible Zoning: Provides for planned developments or negotiated development based on performanc

criteria or negotiation. Allows for creativity in development design.

Urban Growth Boundaries: Contains development within a set boundary separating urban and rural uses.

Transfer of Development Rights: Enables transfer of development rights from a preservation zone to a development

zone.

Landowners in preservation zone are compensated from payments made by landownersin the development zone.

Phased Development: Controls not the location but the rate of developmentor thenumber of units per year to

keep pace with the provision of public services.

Concurrency: Developments plans can be approved only if they are concurrent with plans for

infrastructure and/or other public services.


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Performance-based Planning

Land use regulation based on the

application of performance standards

Defined by intensity of use rather than

type of use

Concerned with effects rather than theactivity


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Prescriptive Zoning

Uses that conform to

the zone

Prescribed

standards


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Performance Zoning

Performance

standards

Uses that comply to

performance measurement


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Purported Benefits of Performance Zoning

Improves the development approval process

Streamlines (?)

Provides flexibility

Provides for a diversity of land uses in one area

Contributes to better environmental protection

Encourages greater stakeholder involvement Integrates good science into the decision-

making process

Form based Codes


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Form-based Codes

Comparing Euclidean and Form based Zoning


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Comparing Euclidean and Form-based Zoning

Transfer of Development Rights


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Transfer of Development Rights


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Purchase of

DevelopmentRights (PDR)

Transfer of

DevelopmentRights (TDR)

TDR and Smart Growth


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a S a G


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TDR in Montgomery

County, MD:

41,000 acres

protected


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Estimated GHG emission mitigation associated with King County TD credits (TDC)


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Th R i l C


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The Regional ContextUrban Growth Boundaries

Urban Growth Boundaries


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Urban Growth Boundaries


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Portland, OR

Urban Growth Boundary

Virginia Urban Development Area


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Virginia Urban Development AreaPassed 2010, Code 15.2-2223.1

Requires UDAs in every locality with zoning if population growth duringdecade

>= 15% or >= 5% and population >= 20,000

Minimum UDA density requirements for developable acreage

Land not used for parks, public ROW, other public land and facilities

130,000 population

8 SF, 12 TH, or 24 MFDU per acre

Sufficient to meet projected growth over 10-20 years based on VEC projections

TND requirements may include mixed housing types, with affordablehousing to meet the projected family income distributions of future

residential growth

Compliance by July 1, 2012 or January 2013 reported to CLG


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EPAs Smart Growth Fixes of Existing Codes


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EPA s Smart Growth Fixes of Existing Codes

EPAs Smart Growth Fixes of Existing Codes


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EPA s Smart Growth Fixes of Existing Codes


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Transect Planning and

the Smart Code

A transect is a geographical cross-section of a region

used to reveal a sequence of environments.

It seeks to create an experience of immersion in any

one type of environment by specifying and

arranging the elements that comprise thatenvironment in a way that is true to locational

character, i.e., in a way that is expected given the

nature of the place.

Duanys Urban Transect


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Duany s Urban Transect


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The Smart Code:

Applying Form-based codes to the

Urban Transect


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Growth Management Tools

Planning

Comprehensive Planning


Regulatory Tools Conventional zoning


Non-regulatory Tools Infrastructure investment: sewer, water, roads

Land acquisition

Tax policies

Non regulatory Tools


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Non-regulatory Tools

Land Acquisition, Conservation Easements,

Purchase of Development Rights Provision of Urban Services and Infrastructure

Roads, water and sewer

Build it, they will come.

Conversely, Dont build it, and they cant come.

Development Impact Fees: e.g., Albuquerque, NM

Payment for required services or mitigation of impact

Tax policies

Use value taxation

Urban service districts


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Ch 17 Smart Growth Management

Documents

Transcript of Ch 17 Smart Growth Management