6: AOP - Current Planning (finance) Flashcards

1
Q

Map Scale

A

Small scale map displays large land area with little detail

Large scale map shows limited land area in great detail

COMMON SCALES:

USGS - uses 1:24,000 aka 1 inch represents 2000 LF

  • 1:62,500 aka 1 inch represents .98 mi
  • 1:500,000 aka 1 inch equals 7.89 mi
  • 1:2,000,000 aka 1 inch equals 31.57
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2
Q

General slope guidelines for urban development

A

0-.5%: No drainage, not suited for development
.5 -1%: No problems, ideal for all types of development
1-3%: Slight problems for large commercial areas, acceptable for residential
3-5%: Major problems for commercial / industrial / large scale residential
5-10%: Suitable only for specially designed developmHowent

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3
Q

How to convert map scales

A

Map scale in inches that you want to convert to linear miles:

Divide map scale by 12 (since there’s 12 inches in a foot)
Then divide that number by 5280 (because 5280 feet in a mile)

Map scale in miles that you watn to convert to inches
Multiply the map scale by 5280
Multiply that number by 12

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4
Q

3 types of map projection

A

Conic: Cone placed over a globe but cuts through the surface.
Cylindrical: Cone placed over a globe, meet along a latitude line.
Planar: Plane is placed over a globe - plane can touch the globe at the pole, the equator, or another line

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5
Q

Site Plan Review

A

scaled drawings that show detailed layout of a development proposal

Include: lot lines, roads, existing and proposed building footprints, major landscape features, utility rights-of-way.

Carried out to guarantee compliance during the zoning permitting process to determine if a variance is necessary.

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6
Q

Subdivision

A

Division of land into two or more parcels, sites, or lots for the purpose of transfer of ownership, development, or other forms of valuable interest.

WHY? To ensure developers properly design and construct new neighborhoods (roads)

WHAT / WHO IS AT STAKE? Local governments because they have responsibility of maintenance and operation of roads. Good subdivision regulation provides connectivity of neighborhoods and traffic flow.

This definition varies from state to state & may include minimum acreage requirements.

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7
Q

Plat

A

Map of a tract or parcel of land .

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8
Q

Replat

A

Allows for lots to be subdivided further or added back together

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9
Q

Amending plat

A

Corrects errors or adds additional information to a plat.

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10
Q

Vacating plat

A

Allows for a plat to be terminated prior to the selling of any lots.

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11
Q

Preliminary plat

A

To-scale mechanical drawing with precise topography and prescribed intervals showing the calculated location of all lots, streets, drainage patterns, facilities, and proposed dedications.

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12
Q

Final plat

A

The approved preliminary plat with all bearing, monuments, curves, and notations together with all dedications, easement, and approvals.

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13
Q

Purposes behind subdivision regulations are:

A
  • To regulate subdivision development and implement planning policies
  • To implement plans for orderly growth and development within the city’s boundaries and extraterritorial jurisdiction (ETJ);
  • To ensure adequate provision for streets, alleys, parks, and other facilities indispensable to the community;
  • To protect future purchasers from inadequate police and fire protection;
  • To ensure sanitary conditions and other governmental services;
  • To require compliance with certain standards;
  • To officially register land.
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14
Q

To subdivide land, a property owner must work with the city or county to develop a plat. To plat a property, the following steps must be taken:

A
  • The applicant submits a preliminary plat;
  • A preliminary plat is reviewed by staff for compliance with subdivision regulations;
  • Plat is then reviewed by the planning commission;
  • Once the preliminary plat is approved by the planning commission, the property owner prepares the final plat;
  • Final plat then repeats the process above until it is approved by the planning commission.
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15
Q

Where to subdivision regulations apply?

A

Within the city limits but they may also apply in the extraterritorial jurisdiction (ETJ)

The ETJ is a distance outside of the city limits where the subdivision regulations apply.

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16
Q

Performance Bond

A

Many communities require property owners to post performance bonds.

An agreement between property owner (developer) and the community to ensure that the final plat is built as shown on the drawings within a certain time period.

If developer fails to meet the requirements, the government may use the bond to cover the cost of constructing the improvements.

Bond is released once improvements are in place and have been inspected by the local government.

Performance bonds ensure that developers meet the needed obligations.

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17
Q

Exactions

A

Property owner / developer required to provide these in the form of dedication of the land or payment in-lieu of dedication.

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18
Q

Dedications

A

Gifts of land for public purposes, such as roads, parks, and utilities.

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19
Q

Impact Fees

A

Essentially a community “buy-in” fee for new residents and businesses. Developers are assessed a fee to add or expand public capital facilities that their new homes and businesses will need.

Typically charged for off-site infrastructure needed to provide new service to a development, such as a water or sewer main.

CANNOT be used to pay for the cost of upgrading an existing system or raise level of service in the community.

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20
Q

Development Agreement

A

Voluntary contract between local jurisdiction and a property owner detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property.

Voluntary but once made they’re binding on the parties and their successors.

DEVELOPER: Gets assurance that the development regulations that apply to the project won’t change during the term of agreement.

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21
Q

Subdivision Bonuses

A

Extension of development benefits beyond those normally offered in exchange for enhancements such as affordable housing, cluster housing, and open space preservation.

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22
Q

Purposes of zoning

A

Protect and maintain property values;
Promote public health and safety;
Protect the environment;
Promote the aesthetic of a community;
Manage traffic;
Manage density;
Limit housing size and type, or encourage a variety of housing types;
Attract businesses and industries.

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23
Q

What does zoning regulate

A

Land use
Lot Size
Density
Building placement
Building height
Building bulk
Setbacks
Provision of adequate light and air
Parking
Landscaping
Signage

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24
Q

Typical groups that handle zoning decisions

A

Government staff
City council (or county commissioners)
Planning & zoning commission
Board of zoning appeals

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25
Q

Government staff (zoning staff)

A
  • Staff to provide info to public about the zoning ordinances
  • Staff responsible for reviewing apps & writing reports for the planning & zoning commission and the board of zoning appeals.
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26
Q

Planning and zoning commission (P&Z)
(zoning staff)

A

P&Z required to issue recommendations in matters of zoning.

These recommendations are made to a governing body. IN SOME CASES: P&Z renders final approval of cases.

  • P&Z made up of community residents & business owners, members APPOINTED by governing body.
  • P&Z read staff reports, visit sites, come prepped to talk w/ applicants.
  • P&Z should think LONG TERM
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27
Q

Board of Zoning Appeals
(zoning staff)

A

Quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff’s admin of the zoning ordinances.

Members APPOINTED by governing body.

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28
Q

City Council
(zoning staff)

A

Governing body - often has the FINAL SAY on zoning issues.

The P&Z commission makes recommendations on zoning cases to the city council. The city council is then charged with making the final decision on whether to approve or disapprove a case.

ELECTED officials.

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29
Q

Two types of zoning amendments

A

1- Amendment to the zoning ordinance / text:
changes requirements for all properties.

2- Amendment to the zoning map:
Changes the zoning district on a particular property.

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30
Q

Euclidean Zoning

A

Places most protective restrictions on residential land uses, less on commercial uses, and none on industrial uses.

Places most restrictive (single family res) at top of pyramid.

Named after the city of Euclid, OH.

31
Q

Cumulative Zoning

A

Less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive.

BUT in each successive zoning district allows all uses from previous zones

32
Q

Modified Cumulative Zoning

A

Allows cities to provide a greater degree of protection than they could with cumulative zoning.

Districts are cumulative by type of land use.

EXAMPLE: multi-fam district would allow both single fam homes & multi fam housing. BUT industrial would not allow residential.

33
Q

Permitted vs conditional uses

(Conditoinal use permit aka special use permit aka specific use permit)

A

PERMITTED: if retail zoning district lists barber shops as permitted use, business could open a barber shop without having to ask the city for permission. IF not listed as permitted use have to seek a conditional use permit.

CONDITIONAL USE PERMIT: Allow a certain use in district only when it’s compatible with its surroundings. Can issue these with conditions or without (example - screen the bar with fencing). .

34
Q

2 ways for conditional use permit to be issued

A
  • Run with the land: any new user is required to follow the same conditions
  • Run with the ownership: Offers the community an opportunity to review the circumstances if ownership or use changes. Conditions can be modified when a new conditional use permit is requested.
35
Q

Nonconforming Use

A

Property use that existed prior to the adoption of district regulations and is allowed to continue under “grandfather clause”.

Some communities allow the use to continue indefinitely or until it naturally ceases.

Some communities the uses are amortized.

36
Q

Amortization

A

Sets definite period of time within which the use must come into compliance with the zoning ordinance.

Controversial because it requires the administrators of the ordinance to determine a fair period of time during which use allowed to continue.

37
Q

Accessory use

A

An accessory use is one that is incidental to the main use of a property. It is typically located on the same lot as the main use and smaller in size than the main use.

Examples: ADU, outside storage, telecommunications tower, home occupations, outside sales.

38
Q

Planned Unit Developments

A

Unique zoning tool that can offer an alternative to strict zoning regulations.

Used for large developments that have mix of uses.
Entire development site plan is reviewed by the governing body.

(special type of floating overlay zone)

Doesn’t appear on the zoning map until the designation is request and approved.

39
Q

Advantage of PUDs

A
  • Opportunity for more innovative development design.
  • PUDs allow flexibility that normal subdivision and/or zoning regulations cannot (ex- allow for increase in density or reduction in street with & mix of land uses)
  • Developer often offers increased community amenities & open space
  • Reduces vehicle trips
  • Providing ped and bike facilities
40
Q

Types of PUDs

A
  • Simple Residential Cluster: smaller lots on some parts of the site in exchange for permanently preserved common open space elsewhere on the site.
    Cluster subdivisions developed mostly for single-family homes on individual lots.
  • Mixed Uses: PUD builds on simple res cluster by allowing nonresidential uses, often at higher densities.
41
Q

Information to collect when reviewing a proposed PUD

A

Location of the property and all abutting properties and streets;
Location and size of streets within the development;
Location and proposed use of buildings within the development;
Location and capacity of the nearest infrastructure and public facilities;
Proposed landscaping and pedestrian ways;
Location of open space;
Sign sizes and locations.

42
Q

Overlay zoning

A

Overlay district is a set of additional restrictions that are placed over the top of an existing zone- often to protect special features like waterfronts, wetlands, etc. 2 common overlays are for airports & historic preservation.

PROS: can be very effective tools since they are so flexible, can be more politically feasible, can help communities meet their goals & address inequities

CONS: can create inefficiencies & inequities by applying regulations and restrictions to some properties and not others. Could increase time & expense for developers & public bodies in the process.

43
Q

Floating zone

A

UNMAPPED zoning districts described in the text of zoning applied through rezoning approval of development.

Zoning district that delineates conditions which must be met before that zoning district can be approved for an existing piece of land.

Rather than being placed on the zoning map as traditional zones are - floating zone is simply written as an amendment in the zoning ordinance. The zone “FLOATS” until a development application is approved - then the zone is officially added to the zoning map.

LEGAL BASIS: Rodgers v Village of Tarrytown.

PROS: Helpful when growth / direction of development and growth is uncertain. provides flexibility for developers who can use the zone to obtain density bonuses, height extensions, etc.

CONS: Critics say floating zones undermine the ability of citizens to rely on the predictability of the zoning map & can favor private development over the public interest.

44
Q

Variance

A

Change in the terms of zoning regulations due to economic or physical hardship.

To issue a variance, property must meet specific requirements including:
There is a unique physical or economic hardship;
The variance will not result in a reduction in property values;
The property owner did not cause the need for the variance;
The variance is not contrary to the spirit of the zoning ordinance.

45
Q

Two types of variances:

A

Use variance: allows a property to have a use not explicitly allowed under the zoning district regulations. For example, a business owner would like to operate an ice cream shop in an area that is not zoned for restaurant uses. Use variance would allow him to operate.

Area variance: allows a property to be excluded from the physical site requirements under the zoning ordinance.

46
Q

Hoshin Planning

A

Hoshin Kanri is a method for ensuring that the strategic goals drive progress and action at every level within that organization.

The process includes establishing a vision, developing objectives, deploy annual objectives, implement objectives, and then review progress on a monthly and annual basis.

A systematic process for tackling long-term strategic goals through day-to-day operations, built-in review processes, and training activities that support continuous improvement.

47
Q

Board of Zoning Adjustments - responsibilities

A

QUASI-JUDICIAL responsibilities such as Reviewing variance requests.

Rezoning itself is governmental.

48
Q

difference between a Council of Governments (CoG) and a Regional Council

A

Generally interchangeable.

Can also be called: regional planning commissions, regional commissions, or planning districts.

49
Q

Which cities are well known for planning across jurisdictional boundaries to provide services for parks, public transit, and transportation infrastructure?

A

Portland, Columbus, and Phoenix.

50
Q

What describes growth management?

A

The regulation of the character, location, and timing of development.

51
Q

Cluster development

A

Applies density limitations (through lot sizes) to entire development.

Flexibility in setbacks, roads, utilities.

Development concentrated on the site and the remainder of site is preserved.

52
Q

TDR - Transfer of Development Rights

A

Voluntary, market-driven growth management tool that permits higher intensity development in designated “receiving” areas in exchange for land or resource preservation in designated “sending” areas.

Yielding partial or complete right to develop in exchange for a right to develop another parcel more intensively.

Trying to protect one area and develop another.

Usually private to private.

53
Q

Performance Zoning

A

Alt to traditional zoning

Performance standards regulate development by setting desired goal to be achieved by regulation. If they MAKE these goals, they get a lot of flexibility.

Instead of regulating uses, they have to MEET certain goals.

54
Q

Incentive Zoning

A

Rewarded with additional intensity in exchange for a public benefit.

Example - include affordable housing, get ability to build more densely

55
Q

Contract Zoning

A

Technically illegal.

Agreement in which landowner agrees to certain restrictions or conditions in exchange THAT ARE NOT CONTAINED WITH THE ZONING REGS.

56
Q

Form based code

A

Method of regulating development to achieve a specific urban form.

57
Q

SmartCode & Transect

A

Model transect-based development code, available for all scales of planning.

Keeps towns compact and rural lands open.

T1 = natural lands, open
TO T6 = urban core
+ SD special district

Transect has linkages to Geddes’ Valley Section

58
Q

Typical components of a form-based code include

A
  • Building form standards
  • Regulating plan
  • Frontage type standards
  • Public space standards
  • Building type standards
  • (Includes looking at land use even though that’s not the primary focus)
59
Q

What is the difference between zoning and subdivision regulations:

A

While ZONING REGS address the type of use, density, and dimensional requirements of development allowed within a community, SUBDIVISION REGS control the pattern of development.

60
Q

How can a landlocked property owner obtain an easement?

A

Necessity.

The common law doctrine of easement by necessity has long been used to allow a landlocked land owner to access a public highway over another’s private land when no other relief is available.

61
Q

Downzoning

A

Downzoning, or raising the minimum lot size requirements, can be successful in reducing overall density within a specific district.

Can be useful to reduce residential development to manage water concerns

62
Q

Special Permits

A

Appropriate instruments for siting uses a community considers essential - may require special attention due to environmental threats.

EXAMPLE = regulate the development of a new landfill.

63
Q

3 types of categories allowed in permitted land uses

A

1- Principle uses (uses that are allowed by right)
2- Accessory uses (uses that are permitted only if they are incidental to the principle use)
3- Special uses (land uses allowed only by a special review)

64
Q

Principal cause for the increase in homelessness

A

Cuts in federal aid programs
(like the Aid to Families with Dependent Children PRogram)

SSI hasn’t increased to keep up with cost of living.

65
Q

MAP-21

A

Moving Ahead for Progress in the 21st Century Program

66
Q

Negotiation Based Land Value Recapture

A

Negotiating development agreements that tie densities to community amenity contributions.

Used in Vancouver & Santa Monica.

Way to understand how the public will “recapture” a reasonable share of the increased land value in the form of community benefits.

67
Q

Legal basis for impact fees

A

Legally based on “police power” of local government.

Authorized by state enabling acts or home rule. Dillon rule states (NC / Virginia) finding it hard to secure required special acts from state legislatures to assess fees.

Under Nollan: You have to demonstrate a nexus between the public improvement and the development impact. For example, the development would result in X number of vehicle trips per day on the arterial roadway.
Rational Nexus Test

Under Dolan: The amount that is charged must be proportionate to the impact.
Rough proportionality test

68
Q

Major difference between subdivision dedications and impact fees?

A

Dedications are limited to on-site improvements. Impact fees can provide either on-site or off-site improvements.

69
Q

Criticisms for impact fees

A
  • Impact fees add to the cost of housing (this is misdirected)
  • Accused of being anti-growth (this is misdirected)
70
Q

An appeal by an aggrieved party to a zoning board of appeals decision would most likely be filed with whom?

A

State superior level court - appeals from local zoning decisions are usually filed with the state court of competent jurisdiction.

71
Q

Best tool to use when there is an expansion of a pre-existing, non-conforming use (example - expansion of a pre-existing commercial use in a residential neighborhood)

A

Special exception

72
Q

LEAST to MOST predictable zoning mechanisms

A

(Least) - Euclidean
- Conditional
- Form-based
(Most) - Performance zoning

73
Q

What does this describe?

Modest, clustered residential developments to mixed-use master planned communities, often approved through the use of overlays, as conditional uses or a separate zoning category.

A

Planned Unit Development.

74
Q

Directors of state agencies & governors office- what describes the employment relationship?

A

An at will political appointee who serves at the discretion of the Governor and can be terminated at any time.