Getting a Shovel in the Ground

About the presenter:Paul LeBlanc, AICP

• Planning consultant• Public and private

clients• Specialist in zoning,

expert testimony• Former PC member• Current elected

official

This presentation covers:

• Ways to be More Business Friendly

• Common Pitfalls in Development Review and Regulation

• Suggested Solutions• Lessons Learned

Regulations

Legitimate Expectations

City• Quality development• Minimize impacts• Consistency with

community vision and goals

• Revenue

Developer• Reasonable use of

property• Reasonable financial

return• Fair

treatment/predictability

Roles in the Development Process

City• Provide services• Protect health, safety

and welfare• Promote fiscal and

physical sustainability• Generate revenue

Developer• Meet community needs

for housing, shopping and employment

• Develop responsibly• Make money

Role of Staff/ Consultants

• Knowledgeable• Facilitators• Customer-friendly• Service-oriented

Clear hurdles, don’t create them

Role of the Public

• Provide input• Offer relevant information• Respect private property

rights

Purpose of the Comprehensive Plan• Long-range vision• Blueprint for action• Foundation for

zoning

From Vision to Regulation

Comprehensive Plan Vision

Vision Translates into Development Principles

Principles Translate into Zoning Regulations

Incorporate regulations into zoning, engineering, subdivision and general code

Getting the Results You Want• Stick to the Comp Plan• Make Sure Essentials

are In Placeo Comprehensive Plano Up-to-date Zoningo Financial mechanisms (TIF,

CID…)o Appropriate (development

friendly) philosophyo Planning Commission and

City Council in synco Proper procedures for

application review (e.g., pre-app conf., staff review committee, etc.)

Consultants Staff

BZA

Variances Appeals

Interpretations

Planning CommissionComprehensive

PlanZoning

Recommend.

Council

AppointsEnacts

ordinancesBudgets

Public

Getting the Results You Want• Involve users

(developers, engineers, attys.) to develop tools

• Creative Tools o PUDo FBCo Mixed-use districtso TOD

• The Right Tools

Greenfield vs. Redevelopment• Applying greenfield regulations

to redevelopmento Parkingo Densityo Lot coverageo Setbacks o Open space o Nonconformities

• Development cost• Local financial participation

o Land bankingo Other financial assistance

Greenfield vs. Redevelopment• Infrastructure constraintso Narrow streetso Alleyso Building setbackso Insufficient parkingo Aging utilities

• Incentiveso Densityo Heighto Mixed useo Fee waiverso Reduced land costs

Things to Watch Out For…• Adversarial relationships• Unnecessary public

hearings• Maintaining control of

public hearings• Caving to public

sentiment• Extra steps in review

process • Lack of standards/criteria• Vague terminology

(“sufficient landscaping, acceptable design, suitable buffers”, etc.)

• Cumbersome internal review process

• Ill-prepared/untrained boards and commissions o Don’t understand roleo Limits of authorityo Not following ordinance

standardso Catering to public oppositiono Poorly run meetings

• Community doesn’t have zoning tools to allow project

Developer’s Perspective/Expectations

• Predictability• Flexibility• Fairness• Timely review

process• Public hearings• Prompt inspections

“We’ll know it when we see it!”

“Personally, I like the project, but the

people don’t want it. I have to vote

‘no’!”

“It meets the standards, but I still

don’t like it.”

“Let’s form a committee to study it further.”

Developer/Applicant Responsibility• Complete

application and plans (don’t accept incomplete materials)

• Be prepared• Work with

neighbors and listen• Follow the

rules/address the standards or criteria

Summary

• Essential tools in place• Complete applications• Training for decision-makers• Thoroughly examine

procedures and ordinance requirementso Fewer meetingso Lowest level decision-makingo Public hearings when requiredo Empower staff

• Distinguish between greenfield and redevelopment regulations

• Amend ordinance, as neededo Eliminate unnecessary stepso Identify standards/criteria for all

decisionso Remove arbitrary languageo Put the right tools in place

• Frequent communication between staff and applicant

• Make ordinance user-friendlyo Onlineo Up-to-dateo Graphic o Interactive

Example – User Friendly Ordinance• Readable• Graphics• Color• Tables• Interactive• Standards

Example – User Friendly Procedures• Rapid turn-around for

inspections• Immediate distribution and

concurrent departmental review

• Direct contact with inspectors (cell, e-mail)

• I-Pad for real-time results• Electronic file storage• Customer service approach