Areas of Practice Flashcards
What is a fiscal impact analysis for? What are common situations it is used in? What variables does it balance?
Used to estimate the costs and revenues of a proposed development on a local government.
The cost of extending infrastructure (police service, transit access, sewer/etc) is balanced against the sales, property, and income tax generated by the new development.
The fiscal impact is the difference between the projected tax revenues and the expenditures generated by a proposed development - the “net fiscal impact.”
List two types of challenges in conducting a fiscal impact analysis.
1) There are many factors that are value-oriented and not fiscally related. For example, multi-family or affordable housing may show a negative fiscal impact, but there are substantive social, economic, and environmental benefits that it may not account for.
2) Splitting costs is a challenge in conducting a fiscal impact analysis. For example, capital purchases - like roads - may occur in one year but are financed over time. Another issue is that multiple developments share the use of a facility (a road that is built may be used for other developments down the road).
Describe the average per capita method of fiscal impact analysis - how it is conducted and common critiques.
The simplest method but also the least reliable. It divides the total local budget by the existing population in a city to determine the average per capita cost for the jurisdiction. The result is multiplied new population associated with the new development.
The major problem is that it assumes the cost of service to a new development is the same as the cost to service the existing community. This may not be true.
Describe the adjusted per capita method of fiscal impact analysis - how it is conducted and common critiques.
The adjusted per capita method adjusts the per capita calculation (dividing the total local budget by the existing population and multiplying by the projected new residents) based on expectations about the new development. This relies on subjective judgment.
Describe the disaggregated per capita method of fiscal impact analysis - how it is conducted and common critiques.
The disaggregated method estimates costs and revenues based on major land uses; for example, the cost of servicing a shopping center versus an apartment complex.
Describe the dynamic method of fiscal impact analysis - how it is conducted and common critiques.
Applies statistical analysis to time-series data from a jurisdiction. For example, how much sales tax revenue is generated per capita from a grocery store and applies to this new development (also a grocery store). This method requires more data and time.
What is a subdivision?
A subdivision is the 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. The definition varies from state to state and may include minimum acreage requirements.
What is a plat?
A plat is a map of a tract or parcel of land.
What is a replat?
A replat allows for lots to be subdivided further or added back together.
What is an amending plat?
An amending plat corrects errors or adds additional information to a plat.
What is a vacating plat?
A vacating plat allows for a plat to be terminated prior to the selling of any lots.
What is a preliminary plat?
A preliminary plat is 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.
What is a final plat?
A final plat is the approved preliminary plat with all bearing, monuments, curves, and notations, together with all dedications, easement, and approvals.
What is the purpose behind subdivision regulations? (hint: there are seven)
1) To regulate subdivision development and implement planning policies;
2) To implement plans for orderly growth and development within the city’s boundaries and extraterritorial jurisdiction;
3) To ensure adequate provision for streets, alleys, parks, and other facilities indispensable to the community;
4) To protect future purchasers from inadequate police and fire protection;
5) To ensure sanitary conditions and other governmental services;
6) To ensure compliance with certain standards; and
7) To officially register land.
What are the five steps to develop a plat? Why would you develop a plat? What parties are involved?
A property owner works with the city or the county to develop a plat to subdivide land. The following steps must be taken:
1) Applicant prepares and submits a preliminary plat;
2) The preliminary plat is reviewed by staff for compliance with regulations;
3) Plat is reviewed by the planning commission;
4) Once approved, the applicant prepares a final plat; and
5) The final plat repeats the above process until it is approved by the planning commission.
What is a performance bond and when are they used during the subdivision process?
Many communities require property owners to post performance bonds; these are agreements between the owner and the community to ensure that the final plat is built as shown in the drawings within a certain time period.
The bond is used to cover the cost of constructing the improvements, in case the developer fails to meet the requirements. Once the government has inspected the development, the bond is released.
Define exactions and impact fees and the difference between the two.
Exactions are dedications of land or payment in-lieu of dedication - these are used for public purposes, such as roads, parks, utilities.
Impact fees are typically charged for off-site infrastructure needed to provide service to a development, such as a water or sewer main.
What are subdivision bonuses and what are they often awarded for?
Cities may offer subdivision bonuses - an extension of development benefits - in exchange for enhancements such as affordable housing, cluster housing, open space preservation, etc. Bonuses could encompass assistance with infrastructure, waiving of impact fees, or a grant of additional density.
What is zoning?
Zoning is the separation of land uses or functions into separate districts (or “zones”). Zoning is implemented through locally enacted legislation that regulates and controls the use of private property.
What is the primary purpose of zoning? What are some purposes that zoning can serve?
The purpose of zoning is to regulate land use, prevent land use conflicts, and allow growth to occur in a planned manner.
Zoning can also do the following:
- 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
What elements does zoning control? List up to eleven.
Land use Lot size Density Building placement Building height Building bulk Setbacks Provision of adequate light and air Parking Landscaping Signage
Describe the role of zoning staff in the zoning process.
Many communities have a professional staff that handles zoning matters. Their primary task is to provide information to the public regarding the zoning ordinance. In addition, staff may be responsible for reviewing applications and writing reports for the Planning and Zoning Commission and the Board of Zoning Appeals. The staff typically prepares an information packet for the Boards that includes reports on each application.
Describe the role of the Planning and Zoning Commission (P&Z) in the zoning process.
The P&Z is required to issue recommendations in matters of zoning. Recommendations are made to a governing body (City Council, County Commissioners). In other cases, P&Z renders final approval of cases.
P&Z is made up of community residents and business owners. Members are appointed by the governing body.
P&Z reads staff reports, visit sites prior, visits sites prior to meetings, and comes prepared to participate in discussions with applicants at meetings.
P&Z Commissioners should think long-term about the impacts of rezoning parcel by parcel.
Describe the role of of the Board of Zoning Appeals (aka the Board of Zoning Adjustment or Zoning Board of Adjustment) in the zoning process.
The Board of Zoning Appeals is a quasi-judicial board that hears cases for variances, special exceptions to the zoning ordinance, and appeals of staff administration of the zoning ordinance.
The governing body appoints members to the board. As with the Planning and Zoning Commission, members are community members who volunteer their time.
Describe the role of the City Council (or County Commission) in the zoning process.
The governing body of a city often has the final say on zoning issues. The P&Z Commission makes recommendations on zoning cases to City Council. The City Council is then charged with making the final decision on whether to approve or disapprove a case.
Describe the role of the zoning text in the zoning process.
In order for a community to adopt zoning, two separate documents must be created: the zoning text and the zoning map.
The zoning text, ordinance, or code lays out the exact regulations that zoning is created to implement. It is adopted as law by the local governing body. At a minimum, the zoning text establishes different zones and the uses allowable in each zone, either by right or with a conditional permit. It should also define various requirements for setbacks, parking, signs, and include definitions, information on height restrictions, and procedures.
Describe the role of the zoning map in the zoning process.
In order for a community to adopt zoning, two separate documents must be created: the zoning text and the zoning map.
The zoning map is where zoning clearly becomes applicable to individual properties. The color-coded map shows which types of land uses are allowable where. It is generally a detailed city map overlaid with various colors/patterns depicting the type of zoning for each property.
Describe how a zoning amendment works, who implements it, and why a zone might be amended.
Amendments can be made to either the ordinance or the map.
An amendment to the ordinance changes requirements for all properties in that zone. An amendment to the map changes the zoning district on a properties or a set of properties.
Amendments can be initiated by staff, P&Z, the governing body, or at a property owner’s request. Amendments allow communities to be flexible and responsive to the changing needs of the community.
What is the Euclidean approach to regulating land use in zoning?
Euclidean zoning is named after the City of Euclid in Ohio. It places the most protective restrictions on residential land uses, less on commercial uses, and practically none on industrial uses.
What is the Cumulative approach to regulating land use in zoning?
Cumulative zoning is less protective of various land uses than Euclidean zoning. Single-family residential districts are the most exclusive. However, in cumulative zoning, each successive zoning district allows all the uses from the previous zones:
- A SF district allows SF homes
- A MF district allows apartments and all uses in the SF district
What is the Modified Cumulative approach to regulating land use in zoning?
A modified version of cumulative zoning has been developed to allow cities to provide a greater degree of protection than they would with cumulative zoning; districts are typically cumulative by type of land use. For example, a MF district would allow both SF and MF. However, the industrial district would not allow residential uses.
What is the difference between a permitted and a conditional use?
If a retail zoning district lists X as a permitted use, X can open without asking the city for permission. If X is a conditional use, then the incoming owner of X would have to ask the city permission to open.
When are conditional use permits granted?
Conditional use permits allow a use if it is compatible with its surroundings. These are often known as “special use” permits or “specific use” permits.
Conditional use permits can be issues with the land or the ownership.
What is a nonconforming use?
A nonconforming use is a property use that existed prior to the adoption of the district regulations and is allowed to continue under the “grandfather” clause.
What does amortizing a nonconforming use mean?
Instead of letting a grandfathered use expire naturally, some communities “amortize” nonconforming uses. This consists of setting a definite period of time within which the use must come into compliance with the zoning ordinance. Amortization can be controversial, particularly because administrators would need to determine a “fair” period to sunset that use. This time period is based on the property owner’s original investment, the use of the property, and other factors that affect the owners potential income.
Amortization schedules are common for forcing signs into conformance.
What is an accessory use?
An accessory use is one that is incidental to the main use of a property. It is typically located on the same lot and smaller in size than the main use. Outside sales, outside storage, a telecommunications tower, home occupations, or a garage apartment (ADU).
What are Planned Unit Developments (PUDs)?
A unique zoning tool that can offer an alternative to strict zoning regulations. They’re typically for large developments that involve a mix of uses. These allow for the development of a detailed site plan that is reviewed by the governing body.
Advantages: planned up front in their entirety, allow for more innovative development design (flexibility that normal zoning regs/subdivisions generally don’t have). Often this translates to developers offering increased community amenities and open space in exchange for density and other wants (example: narrower streets).
The zoning ordinance sets a minimum acceptable acreage for a PUD.
Describe overlay zoning.
Overlay zoning is a set of additional restrictions that are placed on top of an existing zone. Two common overlays are for airports and historic preservation. Other kinds include neighborhood revitalization zones, flood hazard areas, enterprise zones, and foreign trade zones.
Describe a zoning variance (generally) and why one would be awarded.
A variance is a change in the terms of the zoning regulations due to economic or physical hardship. There are two types of variances: the use variance and the area variance.
Variances are issued when certain requirements are met, including:
- unique physical/economic hardship
- will not reduce property values
- property owner did not cause the need for variance
- the variance is not contrary to the spirit of the ordinance
Describe a use variance.
A use variance allows a property to have a use not explicitly allowed under 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. A use variance would allow the business to operate.
Describe an area variance.
An area variance allows a property to be excluded from the physical site requirements under the zoning ordinance. For example, an area variance would allow a property owner to build his or her house with only a 20-foot setback instead of the required 25-foot setback.
Define big-box retail.
Generally 50,000 or more square feet in a large box.
Define Floor Area Ratio (FAR).
FAR is the ratio of the building’s total floor area (gross) to the size of the piece of land upon which it is built. FAR is more frequently used in downtown areas to help control for light and air. A FAR of 0.1 would mean that on a 10k square foot lot the building could have no more than 1k square feet.
Describe the concept of maximum parking standards.
Maximum parking standards are an alternative to the conventional minimum parking standards that most communities have. Maximum parking standards cap the amount of parking that a property owner or business can provide, addressing excessive impervious cover and undermining pedestrian quality.
What is growth management?
Growth management is a planning approach that pre-dates smart growth and sustainability planning.
What is smart growth?
Smart growth is a term used to describe planning for greater sustainability. Smart growth, according to APA, provides economic benefits “for [all].”
List the ten principles of Smart Growth.
- Create a range of housing opportunities and choices;
- Create walkable neighborhoods;o
- Encourage community and stakeholder collab;
- Foster distinctive, attractive places with a strong sense of place;
- Make development decisions predictable, fair, and cost-effective;
- Mix land uses;
- Preserve open space, farmland, natural beauty, and critical environmental areas;
- Provide a variety of transportation choices;
- Strengthen and direct development towards existing communities; and
- Take advantage of compact building design,
Define sustainable development.
Sustainable development balances the fulfillment of human needs with the protection of the natural environment so that the present and future population’s needs can be met. Sustainability includes environmental, social, and economic components.
What does triple bottom line mean?
Coined in 1994 by John Elkington. He argued companies should be preparing three bottom lines: one for corporate profit, one for people, and one for the planet.
What is carrying capacity?
Carrying capacity is a biological concept indicating the maximum population size of a species that can be sustained in perpetuity within the environment, given the availability of food, water, habitat, etc. This can be used in relation to the carrying capacity of a community, or of infrastructure capacity. Ian McHarg referenced this in Design with Nature
Describe the theory behind “trip generation.”
Trip generation deals with the number of trips that a particular site is likely to generate. Thus it is a byproduct of land use and the intensity of use, factors which “induce” people to travel. The propensity to make trips is also dependent on the characteristics of the journey, trip purpose, and socioeconomic characteristics (income, age, auto ownership).
Describe the theory behind “trip distribution.”
Distribution examines where people are going - generally, a zonal approach where trips going into a region are allotted to zones.
What is a gravity model?
A gravity model can be used to provide trip estimates based on the proportional attractiveness of a zone (the “gravitational pull”) and inversely proportional to the trip length.
What is “trip assignment”?
Trip assignment is used in network models to predict the distribution of trips for each roadway by the hour. Peak volumes can be compared with the DHV (Design Hour Volume) to see if any roadways will experience traffic over their design capacity (i.e. congestion).
Describe the system of “functional classification.”
Local or residential streets are designed to serve local land uses; collectors collect traffic from local streets and funnel it to arterials; arterials are major through roads that carry a lot of traffic volume. Arterials are often divided into major and minor arterials and rural and urban arterials.
Describe the development of the interstate highway system in the 1940s-1950s.
The interstate roadway system was proposed in 1939 by President Roosevelt. In 1944, the Federal Aid Highway Act was passed, designating interstates. The Public Roads Administration (PRA) was responsible for implementation. The PRA designated more highways. Funding was authorized in 1952 and in 1956.
What is the significance of the Federal Highway Act of 1962?
It created a federal mandate for urban transportation planning. It was meant to complement the process that many urban areas were beginning - planning interstate highway routes in their communities. The Act required that transportation projects in urbanized areas with a population of 50,000 or more be based on an urban transportation planning process defined by the three C’s: continuing, comprehensive, and cooperative.
When was the last time the federal gas tax was raised?
1993
Name the six national transportation acts passed since the Federal Highway Act of 1962 and summarize their impact.
All six acts have focused on providing funding both for highways and for transit, pedestrian, and bicycle facilities.
- ISTEA (1991)
- TEA-21 (1998)
- TEA3 (2003)
- SAFETEA (2005)
- MAP-21 (2012)
- FAST (2015)
What is an Metropolitan Planning Organization (MPO) and what role do they fulfill?
MPOs are created to meet federal requirements for urban transportation planning. FHWA (then, the Bureau of Public Roads) required the creation of planning agencies to carry out the transportation process stipulated in the Federal Highway Act of 1962.
What is a Transportation Improvement Program (TIP)?
FHWA requires a regional transportation plan, a TIP, and a unified planning work program for areas with populations of 200,000 or more. TIPs are prepared by MPOs. TIPs contain projects for which federal funds are anticipated, along with non-federally funded projects that are regionally significant. The TIP shows estimated costs and schedules by project phase (preliminary engineering, final design, right-of-way acquisition, and construction). Inclusion on the TIP means that is expected to be implemented during the TIP time period.
Describe Transportation Demand Management and list a few common TDM strategies.
A general term used to describe strategies for the efficient use of transportation. Some examples include: car sharing, flextime, guaranteed ride home, public transit, park-and-ride, HOV lanes, telecommuting, commute trip reduction, and transit-oriented development.
Describe traffic calming and list a few strategies.
Traffic calming involves horizontal (e.g. change in street alignment) as well as vertical (e.g. speed bumps) adjustment to reduce traffic speed and/or volume. Some strategies include: chicane, choker, full or partial street closure, realigned intersections, roundabouts, speed humps, speed table, and traffic circles.
What are the dimensions of a standard parking space?
9-10 feet by 18 feet (approximately 180 square feet)
What is a complete street?
A complete street is safe, accessible, and convenient that everyone can use regardless of age, ability, or mode.
What is an adequate public facilities ordinance (APFO)?
The APFO allows local governments to deny or delay new developments if the existing government services (water and sewer, roads, schools, fire, and police) cannot support it. It ensures that new development does not negatively impact a community’s quality of life by overburdening public services.
The APFO alone is not the solution to poorly planned growth, but is an important local tool to manage the pace of growth.
What is concurrency?
Concurrency is the practice of requiring that infrastructure be in place and available at a specified level of service prior to allowing new development to occur.
What does it mean to “daylight” in reference to drainage?
Describes the conversion of an enclosed drainage system to a more open and natural system.
