Comprehensive Planning 101

2005 Region IV ConferenceAtlanta, GA

Helene Merkel, Program ManagerHorne Engineering

Background Unchecked growth and development represent

a loss of training and testing capability

GAO reported that nearly 80% of the nation’s military bases are experiencing growth around their fence lines at rates higher than the national average.

DoD has implemented a number of initiatives to counter the effects of encroachment and to ensure compatible land uses

Background (cont.)

Will require installations and surrounding communities to think strategically about growth

Will also require installation personnel to become more involved in local land use planning decisions.

Workshop Format Planning Authority Overview of Comprehensive Planning Process

General or Comprehensive Plan Area Master Plans and Small Area Plans Functional Plans Plan implementation (zoning and development review) Public participation

Examples of DoD Initiatives Army Compatible Use Buffer Program Marine Corps’ Encroachment Mitigation Planning Nature Conservancy’s Consideration of Off-Base Conditions

in Installation Master Planning

Planning Authority The Standard State Zoning Enabling Act

Developed by an advisory committee on zoning appointed by Secretary of Commerce (and later President) Herbert Hoover in 1921

GPO published the first printed edition in May 1924, and a revised edition in 1926

The Standard City Planning Enabling Act

A preliminary edition was released in March 1927 Final version was published in 1928.

Standard State Zoning Enabling Act

A grant of power

A provision that the legislative body could divide the local government’s territory into districts

A statement of purpose for the zoning regulations

Procedures for establishing and amending zoning regulations

A legislative body was required to establish a zoning commission

Standard City Planning Enabling Act

Covered six areas:

Organization and power of the planning commission

Content of the master plan

Provision for adoption of master street plan by the governing body

Provision for approval of all public improvements by the planning commission

Control of private subdivision of land

Provision of establishment of a regional planning commission and regional plan

Jurisdictions’ Planning Authority

Rests with the state’s enabling legislation

Maryland’s Enabling Legislation: “The making of the general plan, including its parts,

amendment, extensions, or additions, the protection of and the carrying out of the plan, and the exercise of all planning, platting, zoning, subdivision control, and all other powers granted in this title …shall be with the purposes guided and accomplishing a coordinated, comprehensive, adjusted, and systematic development of the regional district, the coordination and adjustment of this development with public and private development of other parts of the State of Maryland and of the District of Columbia, and the protection of the health, safety, morals, comfort, and welfare of the inhabitants of the regional district.”

The General or Comprehensive Plan Primary official public policy

document guiding a jurisdiction’s physical development

Addresses timely and orderly provision of needed public utilities, facilities, and services.

Contains goals, concepts, guidelines, and proposals for: Environment and Energy Land Use and Economic

Development Housing and Neighborhoods Historic Preservation Transportation and Public Facilities Utilities

The General or Comprehensive Plan (cont)

Detailed recommendations concerning specific parcels of land or public facilities are not discussed

Detailed recommendations are presented at the next level of planning: Area master plans Small area plans Functional plans

Recommendations contained in the above plans must be consistent with the policy guidelines set forth by the General Plan

Area Master Plans For planning purposes, a county

or local jurisdiction divides itself into subregions, which are further divided into planning areas

Each planning area is a fairly cohesive district that is typically bounded by a major highway, political boundary, and/or natural border such as a stream valley.

Area master plans may be prepared for an individual planning area, group of planning areas, or entire subregions.

Area Master Plans (cont.)

Consists of a plan map along with supporting data, text, and other maps

Provides specific recommendations on: Environment Historic Preservation Living Areas and Housing Commercial Areas Urban Design Circulation and Transportation

(including highways and mass transit)

Neighborhood Revitalization (where appropriate)

Public Facilities

Area Master Plans (cont.)

Addresses the adequacy of public facilities Land use proposals are analyzed for the impact on

schools, police, fire, rescue, libraries, health, parks, and trails

Presents recommendations to correct any deficiencies of these public services and assets A study is undertaken of the balance between the

proposed land uses and the proposed transportation system.

This prevents the overzoning of an area with high traffic-generating uses.

Area Master Plans (cont.)

Planned land uses in the master plan become the basis for decisions on where new schools, fire stations, and other public facilities are needed in the future.

Area master plans are also used to guide decisions on zoning change, special exception, and subdivision applications.

Area master plans are used as the basis for comprehensive re-zoning.

Small Area Plans Master plan for an area

smaller than a planning area Typically occurs due to a

special situation Another type of small area

plan is the sector plan Often involves a specific land

use evaluation for a portion of major corridors or economically-viable focus areas such as town centers or highway intersections

Functional Plans Plans that comprehensively cover a specific

topic for the entire county or jurisdiction Functional plans are prepared for such topics

as: Housing Parks, recreation, and open space Transportation Historic preservation Schools Trails Public safety

Plan Implementation

Zoning

Development Review

Zoning The legal power of government to regulate the

use of private property for the purpose of protecting: Public health Safety Welfare

One of the police powers of a state

Usually delegated and exercised by the City or County Council

Zoning (cont.)

Link between planning and zoning is critical

Zoning ordinance is usually part of the jurisdiction’s code

Zoning ordinance does the following: Describes the various zones Lists the uses permitted in each zone Specifies density Sets forth the procedures to change the zones Establishes standards for the location of structures,

building heights, setback, and other area requirements

Zoning (cont.)

Zoning categories allow residential, commercial, or industrial uses at varying densities (e.g., RA, RR, RT, etc.)

Some adopted zones permit a mix of compatible land uses subject to certain standards

Two types of zones: Conventional (Euclidean) Floating

Conventional Zoning Conventional zones fall into three categories:

Residential Commercial Industrial

Permitted land uses and densities are specifically listed Each land use is permitted subject to strict requirements

regarding: Lot size Lot coverage Street frontage Building setbacks Height limits

Conventional Zoning (cont.)

Residential Zones Residential zones cover all types of residential

development from single-family detached to high-rise apartments

Densities can range from a maximum of 1 dwelling per 20 acres to 48+ dwelling units per acre

Commercial Zones Commercial zones provide for developments which is

either predominantly retail, office or service-commercial in nature

Specialized commercial zones provide for upscale regional malls or small neighborhood shopping centers

Conventional Zoning (cont.)

Industrial Zones Provides for both light and heavy industrial areas Also provides for planned employment parks in

campus-like settings Includes two specialized industrial zones

Floating Zones Purpose of this zone is to encourage creativity of design

and permit specialized land development

The number of uses allowed is quite broad, but proposals are subject to in-depth review process

Certain development regulations (lot size and coverage, etc.) are not specified and are established in the review process

Examples include: Comprehensive design zone Mixed use/planned community zone Overlay zone

Rezoning Zoning Map Amendments

Requested by a property owner for a single parcel of land

A determination must be made that: There has either been a substantial change in the

character of the neighborhood A mistake was made either in the original zoning or the

most recent sectional map amendment

Sectional Map Amendments Also known as comprehensive rezoning All of the zoning within a geographic area is examined Result is a new zoning map for the subject area

Special Exceptions Zoning ordinance permits certain uses that

would not otherwise be allowed in a particular zone

Uses which may be allowed by special exception are listed in the zoning ordinance on a zone-by-zone basis

Special exception applications may be considered only for those uses listed as an allowable special exception under that zone

Variances A mechanism to obtain relief from the strict

application of zoning ordinance requirements Building height Building setback Yard requirements

Variances are appropriate in situations where strict conformance would result in unusual practical difficulties or undue hardship

Departures Grants relief from the strict application of zoning

ordinance requirements

Examples include: Design of parking and loading facilities Number of parking and loading spaces required Sign regulations Landscaping, buffering, and screening requirements

Nonconforming Uses and Structures

Land uses and structures in existence that do not meet the current requirements of the zoning ordinance

Nonconforming uses and structures are considered to be “grandfathered”

Any alteration, enlargement, extension, or reconstruction of a nonconforming use requires approval by special exception

Development Review Subdivision

Preliminary plat

Cluster preliminary plat

Final plats

Record plats

Site Plan Review

Site Plan Review Some developments require site plan review

Triggered by a zoning ordinance requirement attached to a particular zone, or use

May also be required as a condition of preliminary plats, special exception, or zoning map amendment

Process involves in-depth review of the site plan and is based primarily on design issues: Buffering Landscaping Grading Architecture

Site Plan Review (cont.)

Plan must conform to design guidelines stipulated in the zoning ordinance

Guidelines are performance standards for: Design of parking, loading, and circulation Lighting Views Green area Site and street amenities Grading Service areas Public spaces Architecture (in some cases)

Site Plan Review (cont.)

Public hearing is required Properties are posted with a sign advertising the

hearing All adjacent property owners are notified by mail Any interested person may speak on the proposal at

the hearing

Two types of site plans Conceptual site plan Detailed site plan

Conceptual Site Plan Shows basic relationships among the proposed

uses

Illustrates approximate locations of structures, parking areas, streets, site access, open space, and other major physical features

May be somewhat detailed or may depict large areas connected with arrows and other graphic symbols

Conceptual plans must be approved before a preliminary plat of subdivision may be approved

Detailed Site Plans Detailed site plans show the specific location

and design of all buildings and structures, streets, parking lots, open spaces, landscaping, grading, and other physical features.

Detailed site plans must conform to site design guidelines and preceding conceptual site plan

Building permit cannot be issued until detailed site plan has been approved

Detailed Site Plans (cont.)

Detailed site plan for infrastructure is also required and shows the following: Grading Stormwater management Tree conservation areas (if required by the jurisdiction) Sediment and erosion control Utilities (e.g., water and sewer)

Allows applicant to go forward with grading and making infrastructure improvements

Growth Management Local

Fundamental Planning Tools Adequate Public Facilities Rural and Natural Areas Preservation

Urban Revitalization

Regional

State Open Space Protection Smart Growth

Local Growth Management Fundamental Planning Tools

Comprehensive Plan Zoning Subdivision Regulations Capital Improvement Plan

Adequate Public Facilities (APF) APF Ordinances Conditional Use Permitting Conditional Zoning Land Use and Utility Coordination Impact Fees Targeted Development Areas

Local Growth Management (cont.)

Rural and Natural Areas Preservation Conservation Easements

Transfer of Development Rights (TDRs)

Purchase of Development Rights (PDRs)

Land Assessment and Taxation Program

Urban Revitalization Enterprise Zones

Empowerment Zones

Density Incentives

Regional Growth Management

Most regional agencies only have advisory powers

Address regional initiatives and issues Planning

Transportation

Housing

Environment

State Growth Management Open Space Protection

Use state funds to purchase properties

States’ Farmland Preservation Programs

State Land Conservation Programs

Smart Growth Urban Revitalization Focused Growth and

Development

Public Participation

General Plan Master Plan Functional Plans Public Hearings

Rezoning Special exceptions Variances Site Plan Review